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(영문) 의정부지방법원 2015.01.19 2014고단3929
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 of the final judgment.

Reasons

Punishment of the crime

1. On October 1, 2014, at around 04:44, the injured Defendant: (a) was unable to pay the remainder after paying 1.20,000 won out of the drinking value of KRW 1.60,000,000 operated by the victim C (n, 57 years of age) under B; (b) and (c) incurred injury to the victim, such as cutting off the body of both arms of the victim and cutting down the right bridge with the head of the vehicle and walking down about 4 weeks of the victim’s coke part, which requires approximately four weeks of medical treatment.

2. The Defendant damaged the property owned by the Victim C by cutting off the table table at a location equivalent to KRW 396,00,00 in a market price of KRW 440,00, which was located at that location, and destroying the table table at a location equivalent to KRW 440,00 in a market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Records of the damage by violence, photographs of destruction of tables, and photographs of damage by violence;

1. Application of the written estimate statutes;

1. Relevant Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of injury, the choice of imprisonment), the choice of punishment for the crime (the point of causing damage to property and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant suffered injury to the victim for about four weeks, and damages to the property equivalent to about eight million won, under unfavorable circumstances, the fact at the time of committing the crime is against the victim, the fact at the time of committing the crime, the agreement with the victim, and the fact that the Defendant was punished for the same kind of crime, but there was a past record for ten years prior to the crime of this case, etc. The punishment is determined as ordered by taking into account favorable circumstances. In addition, the method and result of the crime of this case, the circumstances after committing the crime, the age, character and conduct

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