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(영문) 광주지방법원 해남지원 2016.08.11 2016고단246
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment 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 August 7, 2015, the Defendant: (a) at a store located in C, located in Gun, Namdo, Namdo around 11:40 on August 7, 2015; and (b) was stolen by loading one of the 3.50,000 square meters at the market price owned by the victim D, into the trucking vehicle.

2. On January 1, 2016, the Defendant: (a) around 01:10, at F main points located in Gun E, with a beer disease, which is a dangerous object on the tables in the state of drinking alcohol, without any justifiable reason; (b) taken once the head of the Victim G by a beer disease; and (c) reached a fiff with a shoulderer’s left part of the victim’s left part.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as a heart or a window in need of treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A written diagnosis of injury;

1. Image photographs, video CDs, and photographs showing the damaged part of the victim G;

1. Investigation report (to listen to the victim's telephone statement concerning the process of occurrence of the case, and to video data recorded on the face of the crime) and the application of Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a) and 257 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 329 of the Criminal Act (abstinence of carrying dangerous articles), and Article 329 of the Criminal Act (abstinence of intention, and a

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Application of the sentencing criteria;

(a) Type 2 (General Larceny) basic area (from June to one year and six months) of larceny (no person subject to special sentencing) for general property;

(b) Application of the standards for handling multiple crimes: Imprisonment with prison labor for not less than six months (the lowest of the crimes for which the sentencing criteria are set and the crimes for which the sentencing criteria are not set are concurrent crimes in the former part of Article 37 of the Criminal Act, as such minimum of the crimes shall prevail);

2. Circumstances disadvantageous to the decision of sentence: Restoration of damage suffered by the larceny victim; and

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