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(영문) 수원지방법원 성남지원 2016.03.25 2016고단298
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 9, 2014, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (refluence of drinking), etc. at the Gwangju District Court on September 17, 2014, and completed the execution of the sentence at the Southern Prison on September 17, 2014. On June 25, 2015, the Defendant was sentenced to four months of imprisonment for an injury at the Sungnam branch of Suwon District Court, and completed the execution of the sentence at the Suwon Detention House on September 2, 2015.

[Criminal facts]

1. On February 2, 2016, the Defendant who damaged property was entering a restaurant operated by the victim D located in Seongbuk-gu, Sungnam-si, Incheon Metropolitan City on February 2, 2016, and the victim completed the restaurant business.

In addition, the victim's property was damaged because one of the 70,000 won of the market price, which is the victim's possession, was collected while taking a bath for the victim.

2. In the time, at the place specified in paragraph 1, the Defendant suffered injury, such as a cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cages

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs and medical certificates;

1. Previous convictions in judgment: Inquiry about criminal history, court rulings, application of Acts and subordinate statutes concerning personal identification and confinement;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In a case where actual damage is minor in the mitigation area (i.e., one month to six months), (ii) the mitigation area (i) the mitigation area (i.e., damage to the general public) of the grounds for sentencing under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, and Article 1 of the Reasons for Sentencing [the scope of recommending] of Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (ii) [the scope of recommending punishment] of Article 2 of the same type of repeated crime [the scope of recommending punishment] of Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (i.e., damage to property), (ii) the mitigation area (i., special mitigation or increase), (iii) the final mitigation area according to the aggravated punishment of multiple repeated crimes: six months to two years [the sentence].

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