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(영문) 부산지방법원 서부지원 2018.11.13 2018고단1041
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

The defendant and the victim C(35 years) are between society-oriented line.

1. On February 24, 2018, the injured Defendant pointed out the economic capacity of the victim in front of the E-cafeteria located in Busan YY-gu, Busan YY-gu on February 24, 2018. On the other hand, the injured Defendant suffered bodily injury around the snow that requires approximately one week medical treatment in consideration of the victim’s face.

2. The Defendant: (a) took a scood, which is a dangerous object in the way and at the same time and place; and (b) took the scood’s attitude, which is a dangerous object in the way; and (c) continued to damage the said scoods so that the sum of repair costs would be KRW 400,000,000, including replacement of scoods.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of an injury;

1. A medical certificate of injury and a medical certificate;

1. Application of Acts and subordinate statutes on receipts for medical expenses and estimates;

1. Relevant Article 257(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, the choice of punishment for an offense

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. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 32 (1) 2 (where the scope of liability for compensation is not clear) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation;

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

(a) Class 1 (General Bodily Injury) in the basic area (from April to one year and six months) of No. 1 (Special Sentencing) (a person who is in a special sentencing)

B. Class 4 (Special Intimidation) (Special Intimidation) basic area (from April to one year and six months) (no person who is subject to special sentencing) for the crime of intimidation 2 (Special Intimidation)

C. According to the increase of crimes of Type 1 (Special Destruction, etc. of Cumulative Offense) (Special Destruction, etc.) with no basic area (6 months to 1 year) (special sentencing factors) (special sentencing factors).

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