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(영문) 의정부지방법원 고양지원 2018.05.09 2018고단651
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 is a guest who entered the Silsan-dong building D, the “E main store” located in the second floor, and the victim F (28 years old), the victim G (30 years old, female) is a place of business.

1. Around February 4, 2018, the Defendant suffered from a special injury upon the victim F to request the victim F to change his/her finishing time from the victim F at the above business establishment. A dispute with the victim that she would not drink. In doing so, the Defendant collected beer disease, which is a dangerous thing at which she had been suffering, three times the victim's head, and sustained two times the victim's head by drinking, and caused the victim's injury, such as the two right side, the left side, the left side, and the high wave on the left side, which requires approximately two weeks of treatment.

2. The Defendant damaged the property by destroying things owned by the victims of approximately KRW 1.5 million in total in the market value, such as cutting the tables by beer disease and laying the chairs on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Photographss of damaged parts, on-sites, etc. and photographs related to damage;

1. A written diagnosis of injury;

1. Application of the written estimate statutes;

1. Relevant Article 258-2 (1) of the Criminal Act, Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of inflicting bodily injury with a deadly weapon), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. In light of the circumstances, such as the fact that a person inflicted an injury by using beer disease, which is an object dangerous to the reason for sentencing under Article 62(1) of the Criminal Act (recognating the reason for reducing the amount of punishment), and the fact that there was a record of having been punished for violent crimes, it shall be considered in favor of the victim, agreed with the victims, and the extent of the victim’s damage, etc., and shall be considered in favor of the victim, and shall be considered in light of other favorable conditions for sentencing under Article 51 of the Criminal Act

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