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(영문) 서울중앙지방법원 2017.03.14 2016고단8141
상해등
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

1. On December 29, 2012, at around 01:30, the Defendant damaged the said vehicle by blocking the front side of the Z, which the injured party operates under the influence of alcohol in front of the Gangnam-gu Seoul AY Building, and then destroying the said vehicle by walking the door of the driver’s seat of the said vehicle once, so that its amount of repair costs would be unfured.

2. The injured Defendant destroyed the car at the time and place set forth in paragraph 1 as above and inflicted injury on the victim A, whose face and body body was concealed, on drinking, on the victim’s face and body, which requires treatment between approximately two weeks, on the part of the victim.

Summary of Evidence

1. Legal statement of the AZ;

1. Statement of the police statement concerning the AZ;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes confirming payment of damage;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing criteria;

A. Article 1 of the Act applicable to the mitigated area of crimes [the scope of punishment by recommendation] from February to one year [the scope of punishment by recommendation] from the mitigated area of crimes No. 1 (the general injury) [the person subject to special sentencing] (the person subject to special sentencing] - the mitigated area of minor injuries (the number of persons subject to recommendation] of mitigation elements [the scope of punishment by sentence]: the statutory penalty of Article 257(1) of the Criminal Act: one month to seven years;

B. Article 366 of the Criminal Act (amended by Act No. 366 of the Criminal Act): Class 1 (Special Standard for Destruction, etc. of Property) [person subject to sentencing] - Where actual damage of mitigation elements is minor [Determination in the sphere of recommendation] / [Scope of recommendation] January to June / [Scope of punishment] applicable legal provisions: Article 366 of the Criminal Act: January to three years.

(c) [Final Penalty Scope] Aggravated Punishment (No. 1/2 of the upper limit of crime No. 2): February to January 1.3

2. Determination of sentence: The defendant, in two months of imprisonment, committed the instant crime even though he/she had been punished several times for a crime, such as theft and fraud, and the fact that he/she does not deny the crime, and does not repent his/her mistake.

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