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(영문) 서울북부지방법원 2018.11.22 2018고단3860
특수상해등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 21, 2018, the Defendant: (a) talked about the victim D (63) who is a member of the same mountain club and mountain conference at the C cafeteria located in Dobong-gu Seoul Metropolitan Government on August 21, 2018; (b) the victim was leading out of the restaurant by putting his/her own title, leading him/her to the outside of the restaurant; and (c) the 1st of the cattle, which is a dangerous object in the restaurant air conditioning the restaurant, was blighted into the boom floor and the boom of the plastic table, was cut back twice on the knish floor and the flab; and (d) the knisher’s chest, shoulder, shoulder, etc. was broken out five times due to a shoulderer’s disease, thereby leading the victim to the left side of the chest where it is impossible to know the number of days of treatment to the victim.

2. The Defendant damaged the victim’s property by digging out the plastic table of the Plaintiff’s 1 bottle at a time, at the same time, and at the same place as set forth in paragraph 1, and then destroying the victim’s property by destroying the plastic table of the amount equivalent to KRW 4,00 (50), the market price owned by the Plaintiff E (50) who is a restaurant proprietor, and the amount equivalent to KRW 50,000 (50,000), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written statement of E;

1. Investigation report (related to the verification of the scene of occurrence and CCTV);

1. Application of the statutes governing each photograph, photograph, CCTV evidence CD;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1) and 257 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning facts constituting an offense;

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 (1) of the Criminal Act on orders to provide community service and attend lectures;

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

(a) A crime of Category 1 (Assaults) (Extent of punishment), a special injury, or a repeated crime: (a) the area of mitigation (4 months to one year), the area of mitigation (including a person specially mitigated) [including a serious effort for recovery from damage], or where considerable damage has been recovered;

(b) Class 2 crimes (damages) (Scope of punishment) shall be the general standard.

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