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(영문) 서울북부지방법원 2012.12.27 2012고단2595
상해등
Text

A defendant shall be punished by imprisonment for six 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

1. On July 22, 2012, around 01:00, the Defendant was at the time of the Victim D (Inn, 15 years of age)’s house located in the first floor of the Gangnam-gu Seoul Metropolitan Government Multi-household C multi-household house, and then came to the Victim’s house gate gate, thereby infringing the Victim’s house gate, thereby entering the Victim’s house gate into the Victim’s house.

2. After intrusion upon the victim’s residence, the Defendant: (a) attempted to open an inner door where two persons (14 years of age and 12 years of age) of the victim and the victim were living together; (b) however, (c) as the door was locked, the Defendant damaged the victim’s free door that “I would face the glass door if I would promptly open the door; and (d) if I would not open the door, I would like to walk the glass door equivalent to approximately KRW 600,00 of the market price of the victim’s house in the way of drinking and launching.

3. While the Defendant continued to walk the above glass windows on a hand, even though he knows that the births of the injured and the injured were to sit immediately next to the glass window and that the string of the glass window was to cut off to the injured, the Defendant continued to walk the above glass window, thereby making the injured party go back to the left knee of the injured party, thereby bringing about approximately two weeks of treatment on the left side of the injured party.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article applicable to criminal facts;

(a) Intrusion upon residence: Article 319 (1) of the Criminal Act;

(b) Damage to property: Article 366 of the Criminal Act;

(c) Injury: Article 257 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the most serious punishment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Type of bodily injury: the range of recommending and balancing general types of bodily injury (general injury): Imprisonment with prison labor from 1 month to 1 year (limited to mitigation) - Special mitigated: dolusent intent.

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