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(영문) 대구지방법원 안동지원 2016.08.26 2016고단417
상해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On June 4, 2013, the Defendant was sentenced to one year of imprisonment with prison labor due to damage to public goods, etc. in the Daegu District Court’s support, and the period of parole expired on February 28, 2014 during the execution of the sentence in Daegu Prison was paroled on April 9, 2014.

[Criminal facts]

1. On April 23, 2016, the Defendant suffered injury on the ground that the Defendant did not follow this water by the Victim K (59 tax), a staff member under influence of alcohol, at the J Office located in I at permanent residence on April 17:10, 2016. On the other hand, the Defendant suffered injury to the victim, such as thale, having been in need of approximately two weeks of treatment due to drinking and growth.

2. The Defendant damaged the property by inserting the market price on the same ground at the time and place as indicated in the foregoing paragraph (1) and destroying the victim’s interest.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to K and L;

1. A medical certificate of injury, on-site photograph;

1. A report on investigation;

1. Records of the judgment: Inquiry about criminal history, reporting of the previous conviction of the disposition, reporting of the result, text of the judgment, and the application of statutes on personal confinement;

1. Relevant legal provisions concerning facts constituting an offense and the point of an injury upon the option of punishment: Article 257 (1) of the Criminal Act that damages property: Article 366 of the Criminal Act;

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

1. In full view of the following facts: (a) sentencing reasons for each of the instant crimes for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of two crimes) of the Act on the Aggravated Punishment of Concurrent Crimes; (b) the nature of the instant crimes is not good in light of the background, method, danger, etc. of each of the instant crimes; (c) the Defendant has a large number of criminal records on injury or damage; and (d) the Defendant committed each of the instant crimes during the period of repeated crimes even though

However, the defendant is led to the crime of this case, the victim L does not want to be punished against the defendant for the crime of damaging property, and the age, sex, environment, and the defendant's age.

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