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(영문) 부산지방법원 2021.02.18 2020고단4505
특수상해등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

1. Around 12:40 on September 21, 2020, the Defendant damaged a special property by entering the victim C, the victim C, and the victim D’s E office located underground in Busan-gu Busan-gu, Busan-do, to avoid disturbance due to the problem of wages in arrears, and thereby damaging the victim C’s market price equivalent to KRW 3,50,000,000 by gathering the hump (35 cm, vertical length 28 cm) which is a dangerous object that was located in the above office.

2. Special injury Defendant: (a) stamped the victim C’s head head, one time, and stamped the victim C’s head, which is a dangerous thing in the above office at the above time and at the above place (25cm in total); and (b) stamped the victim D’s full number of the victims to restrain it at one time.

In this respect, the defendant used a medical condition, which is a dangerous object, to put the victims into two cases requiring medical treatment for a period of 15 days.

Summary of Evidence

1. Each report by the police on the investigation of each police statement made by the defendant C or D (with respect to dangerous articles and damaged articles) in the court statement of the defendant C or D;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Articles 369 (1) and 366 of the Criminal Act (a point of special property damage and a choice of imprisonment with prison labor);

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. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act, which may be invalidated under Article 62-2 of the Social Service Order Act;

1. Scope of applicable sentences under law: One to fifteen years of imprisonment;

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

(a) Crimes No. 1 (Special Bodily Injury) (Determination of Type) / [No. 1] Special Bodily Injury [Special Sentencing / Special Sentencing : Reduction element: Non-members of the Punishment [the territory of recommendation and the scope of the Punishment], the area of mitigation of punishment (the area of recommendation and the scope of the punishment), April through one year;

B. Crimes 2 (Special Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Aggravated Punishment (Special Sentencing).

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