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(영문) 대구지방법원 2018.03.29 2017고단4720
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 3, 2017, at around 17:15, the Defendant suffered from a special injury: (a) the victim E (27 tax) and the vehicle operation at the street of the D pharmacy located in Busan Metropolitan City; (b) once a part of the victim’s inside of the victim; (c) once a part of the part with a launchinging engine was frighted; and (d) the damaged person, who suffered from a dangerous article, was faced with two weeks of medical treatment; and (b) the victim suffered from an injury in the distribution of heat.

2. On August 3, 2017, at around 17:55, the Defendant damaged the public property, the police officers called up after receiving a report of assaulting E in front of the D pharmacy located in Busan Metropolitan City, as seen above, arrested the Defendant as a current offender, and then arrested the Defendant as a criminal, and then inflict an injury on the back seat of the F patrol vehicle to repair the patrol vehicle, which is a building for public use, with the rear door and glass door of the vehicle’s left side and glass door on the back seat of the F patrol vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. Photographs (manial photograph, such as victim's face);

1. An investigation report (Attachment of a medical certificate of injury), and a medical certificate of injury;

1. A report on investigation (to attach photographs of fuses of violence), photograph;

1. A report on investigation (the face value where the person under consideration was up to the face value), photograph;

1. Application of Acts and subordinate statutes to a report on investigation (a written estimate attached to patrols) and a written estimate;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) of the Criminal Act (a point of special injury) and Article 141 (1) of the Criminal Act (a point of damage to goods for public use, and choice of imprisonment with prison labor);

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. Standard for sentencing grounds under Article 62(1) of the Criminal Act for suspended sentence;

(a) Where the value of the article that has been invalidated or destroyed is insignificant in the area of mitigation (one month to eight months), such as damage to the article for public use (the scope of the recommended punishment) that has been destroyed by the first type (the invalidation of the article for public use);

B. Special injury: The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, following the decision of the sentence that was not imposed in the sentencing guidelines.

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