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(영문) 대구지방법원 2015.03.24 2014고단6366
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 7, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively weapons, threats, etc.) at the Daegu District Court on two years and six months, and completed the execution of the sentence at the Daegu Prison on December 30, 2013.

1. The Defendant is a person who resides in, and manages, Daegu Jung-gu CHousing 208, 208, such as cleaning the house.

On November 25, 2014, at around 22:25, the Defendant opened an entrance in drinking 205 where the victim D(60 years of age) of the second floor C’s house D(60) resides, and expressed the victim’s desire without any justifiable reason, and taken the victim’s face three times as drinking after flabing dubling with a corridor.

As a result, the defendant had caused the victim to be saved with an influence in the treatment date.

2. On the same day, at around 22:35, the Defendant destroyed three of the market price of the victim’s ownership even even though the victim’s scambling type and scambling shape, in which the victim E resides on the first floor of the above C house without any reason, and walking the scambling shape by hand, such as smelling, scambling, and scambling, and destroying three of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Photographs of the victim's face and damaged photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigative inquiries, and investigation reports (in copies of judgment three copies);

1. Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Insignificant bodily injury, in the area of mitigation (two months to one year) (special mitigation (aggravated mitigation) of general bodily injury) of category 1 (a general injury) (a special mitigation (aggravated mitigation)), and non-influence of punishment / identical repeated crimes;

(b) No sentencing criteria for damage to property;

2. Circumstances in light of the circumstances: reflectivity, victims’ penalty not being granted.

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