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(영문) 수원지방법원 여주지원 2017.04.14 2017고단114
상해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 13, 2017, the Defendant demanded the victim C (V, 49 years old) who was in de facto marital relationship to re-examine at the ward No. 401, Leecheon-si B lending 401 on January 13, 2017, but was refused to do so. However, the Defendant did not know the market price of the victim's occupation and use mobile phones and non-electric machines.

The property owned by the victim was damaged by cutting down the floor of the living room, and the loss was caused by the loss of the victim's inside of the floor, and the loss of the face that requires approximately two weeks of treatment and the loss of strawing, strawing, etc. of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the punishment heavier than that heavier than that heavier (this two crimes));

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment for one month to ten years;

2. The scope of the sentence recommended according to the sentencing guidelines for the crime No. 1 (Assault) [the scope of the sentence recommended] is limited to the category No. 1 (M. 1 and 4), the area of the special mitigation (including one month to one year), the area of the minor mitigation (including a person specially mitigated), the area of the minor injury (including a serious effort to recover damage), the area of the punishment not punishable (including a serious effort to recover damage), or where considerable damage has been restored, the scope of the punishment for the crime No. 2 (damage) [the scope of the recommended punishment] (one month to six months), the area of the mitigation (including a person specially mitigated), the area of the punishment not (including a serious effort to recover damage), or the area of the final sentence for the majority of the crimes where a significant damage has been restored: January to March 1:

3. Although the degree of damage caused by the instant crime is not serious, the Defendant is in the same species, such as violence and damage to property, etc., on several occasions.

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