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(영문) 부산지방법원 2021.01.20 2020고단3476
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In around 01:00 on July 5, 2020, the injured Defendant, on the ground that the victim C (Woo, 40 years old) who was satisfing with himself at the time, did not receive contact with the Defendant while drinking alcohol together with the president of the business partner prior to the 40-year-year-old transaction, left the victim’s satis on the floor at one time in which the victim’s satisf was placed on the floor, thereby causing damage to the victim’s satisfy that requires treatment for about 3 days.

2. The Defendant continued to damage property at the same time, at the same place, and at the same time and place, destroyed the said vehicle to have approximately KRW 560,00 of its repair cost, by having the vehicle walk the front side glass of the said vehicle, which is the victim, by drinking, and walking the part of the driver’s seat knife.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant who has made a statement in court;

1. Statement made by the police against C;

1. Application of the Kakao Stockholm Acts and subordinate statutes to a medical certificate, a photo of the injured part, a photo of the damaged vehicle, and the Kakao

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 the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Infliction of Injury) [Determination of Type] Crimes: General Injury [Type 1] General Bodi (Special Sentencing Person]: In a case where minor bodily injury (1, 4 types), penalty non-won (including serious efforts to recover damage), or considerable partial damage has been recovered (the territory of recommendation and the scope of recommended punishment] Special mitigation area, imprisonment from January to October;

B. Part 2 Crimes (Destruction of Property) [Types 1] Damage of Property, etc. [Special Sentencing Sentencing Sentencing] In a case where punishment is not permissible (including serious efforts to recover damage) or significant damage has been recovered (the territory of recommendation and the scope of recommended punishment), one month to six months of imprisonment.

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