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(영문) 청주지방법원 2017.10.19 2017고단1082
특수상해등
Text

A defendant shall be punished by imprisonment with prison labor for four 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

1. A special injury Defendant, at around 03:00 on May 3, 2017, deemed that C’s male-child-child delivery victim D (25 years old) was located at the house of Heakdong-gu, Young-gu, Cheongju-si B and 201, and 1 knife knife, which is a dangerous object, is discarded to the victim.

” 고 소리치고 손과 발로 피해자의 몸통, 다리, 팔을 수차례 때리고, 발로 피해 자의 낭 심 부위를 1회 걷어찼다.

Accordingly, the Defendant carried dangerous things as above and carried the victim with approximately two weeks of medical treatment, thereby leading the victim to a scambling situation.

2. The Defendant damaged property at the same date and time as paragraph 1, and at the same place as that of paragraph 1, the victim owned by the victim, who was parked in front of the said house by avoiding the Defendant, and laid off one cellular phone owned by the victim, by the victim, and thereby impairing its utility by reducing the repair cost of KRW 312,00,000. On the other hand, the Defendant continued to walk the knife between the driver’s seat of the said vehicle and 26,600, thereby impairing its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Complaint;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury), Article 366 of the Criminal Act (the point of damage to property) and choice of imprisonment with prison labor for the crime;

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 Social Service Order Criminal Act [the scope of recommending punishment] General Criteria for sentencing [the scope of recommending punishment] / [one month to six months] of mitigation area (a special mitigation person] / no sentencing criteria is set for special injury crimes which are in the relation of actual concurrent crimes not involving punishment. Thus, the sentencing criteria are set for special injury crimes which are in the relation of actual concurrent crimes not involving punishment. Accordingly, only the lower limit of the above sentencing sentencing [the decision of sentencing] is observed (the decision of sentencing] : The victim’s knife and walk from the victim.

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