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(영문) 대전지방법원 2018.05.11 2017고단3814
상해등
Text

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

The defendant and the victim B (n, 39 years of age) were in conflict with each other.

1. On May 5, 2017, the injured Defendant: (a) around 00:10 on May 5, 2017, at the victim’s residence located in Sejong, the victim referred to the purport that “the victim is “here and well-being”; (b) taken twice the victim’s face part 7 times in drinking, the victim’s body part beyond the floor was exposed to knee; and (c) took two times in drinking, the victim’s chest part knee; and (d) took part in the victim’s chest part knee and knife the victim’s head, knife part of the victim’s 42-day medical treatment, the victim took part in the left-hand 1,2, and 3 knife of the victim’s 42-day medical treatment.

2. The Defendant damaged property at the time, time, and place set forth in paragraph 1; the victimized person avoided that the injured person would be able to obtain from the Defendant; and the damaged cosmetics owned by the victim in the cremation room by fasting the damaged cosmetics on the floor; and collected clothes, cosmetics, precious metals, etc. outside of windows, which are owned by the victim.

Accordingly, the defendant damaged the clothes, cosmetics, precious metals, etc. in an amount of 5,10,000 won in total at the market price of the victim, such as the list of crimes in attached Form 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to damaged photographs, photographs damaged by property, photographs damaged by property and damaged goods;

1. Article 257 (1) and Article 366 of the Criminal Act and the choice of imprisonment with prison labor, respectively, concerning facts constituting 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Type 1 (Determination of Place of Recommendation) of the Sentencing Group 1 Crimes (General Injury, Basic Crimes) [Determination of Type] Crimes (General Injury] (Determination of Place of Recommendation): Crimes (Destruction of Property) from April to June 2 from April 1 to the general criteria (Determination of Type] of the Sentencing Group 1 (Determination of Place of Recommendation).

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