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(영문) 부산지방법원 2016.08.11 2016고단2388
상해등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On February 14, 2016, the Defendant damaged property, on the ground that he could not drink alcohol in the “Esing room” 3, operated by the victim D located in Busan Metropolitan City, Jin-gu, Busan Metropolitan City on February 14, 2016.

Accordingly, the Defendant destroyed one of the above radio TV sets with the market value of 2.70,000 won at the same time, and one of the above TV sets with the market value of 1.19,000 won at the same time and one of the 110,000 won at the above table.

Accordingly, the defendant damaged the property equivalent to 1570,000 won in total of the market price owned by the victim.

2. In a time, at the same time, at the same place as paragraph 1, the injured Defendant was asked from the Victim F (53 Do) who f (53) who francing the immediately pedal, and was franced, “Neb franb in francing,” and the Defendant franced the victim’s face at a time and at the same time and place as above, the Defendant franced the unexcing number of days of treatment.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against D;

1. Each investigation report (record 23, 56 pages);

1. Written estimate;

1. Application of each statute on photographs;

1. Relevant Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. The scope of the final sentence due to the aggravation of multiple offenses (4 to 10 months) in the basic area of the first type (from April to June) of the basic area (the scope of the recommended punishment) [the scope of the recommended punishment] of the second type of the crime (damage) without any special sentencing person] under Article 62(1) of the Criminal Act for the reason of sentencing under Article 62(1) of the suspended execution of the Criminal Act. The scope of the final sentence due to the aggravation of multiple offenses (the special sentencing person] of the basic area (from April to October) of the first type (the scope of the recommended punishment) (no special sentencing person): April to 11 (the decision of the sentence] of April to November (the decision of the sentence] of the same kind of crime, the degree of injury is relatively unfavorable.

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