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(영문) 청주지방법원 2017.04.20 2016고단888
폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, 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

The Defendant, around 09:45 on April 11, 2016, 2016, hereinafter “2016 Highest 1970”), was a victim D (47 tax) and talked with the same taxi in front of the building C located in the Cheongju-si, Chungcheongbuk-si, Chungcheongnam-si, with the victim’s own hand, destroyed the victim’s glars, which is the victim’s own hand, into the bottom by breaking the glar’s ebbbb, and then damaged the victim’s eblance and tension, which requires approximately two weeks of medical treatment, and 50,000 won of repairing the said glars were damaged to the point.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Evidence photographs;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and estimate;

1. Relevant Article 257 of the Criminal Act, Articles 257 (1) and 267 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

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

(a) First-Class 1 (Crime of Bodily Injury) (Scope of Punishment) General Bodily Injury (Extent of Punishment) (Article 1) (Class 1 (General Bodily Injury) (Article 2-1) (Specially mitigated) effort to recover damage;

(b) Class 2 Crimes (Crimes of Destruction) [Scope of Punishment] General Criteria (Crime of Destruction, etc.) and Group 1 (Destruction of Property, etc.) (1 to 6 months) (Specially mitigated person] efforts to recover damage;

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than two months from one year to three months;

2. The elements of sentencing that are disadvantageous to the determination of sentence: The same history has many times. The elements of sentencing favorable to the o are recognized to be erroneous and reflect. The victim deposits KRW 700,000 for the deposit of KRW 70,000 for the victim. It seems that there is a timely record of hospitalized treatment due to polar disorder, etc. It is necessary to provide medical treatment at present. o other factors of sentencing under Article 51 of the Criminal Act, comprehensively taking into account the sentencing conditions of Article 51 of

1. The summary of the facts charged is as follows: “2016 Highest 888” Defendant around April 20, 2016.

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