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(영문) 서울중앙지방법원 2014.10.10 2014고단3237
상해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:00 on October 25, 2013, the injured Defendant placed two parts of the body, i.e., the body body of the victim, i., the body of the victim, the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of

2. The Defendant continued to damage property at the above date, time, and place, as seen above, destroyed the victim’s property owned by the victim by putting the victim’s market price boomed on a wall with a booming error in the market price. The victim’s market price was faced with a wall, thereby damaging the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. A complaint filed for DNA preparation;

1. Application of Acts and subordinate statutes to investigation reports (related to the submission of written applications filed by a complainant);

1. Relevant Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of injury, the choice of imprisonment), the choice of punishment for the crime (the point of causing damage to property and the choice of imprisonment);

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

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

1. The scope of punishment: Imprisonment with prison labor for not more than ten years;

2. Recommendations and sentence on the sentencing criteria: Imprisonment with prison labor for two months - one year (the selection of a mitigation area among types 1 of general injury);

3. Determination of sentence: 6 months of imprisonment with prison labor and 2 years of suspended sentence: The defendant still has made a mistake since he/she continues to assert that the nature of the crime of this case is not good, that the degree of injury of the victim is relatively heavy, and that the victim has induced the crime of this case, and that the crime of this case is significantly exaggerated than the actual crime.

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