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(영문) 서울동부지방법원 2015.09.11 2015고합181
상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On November 23, 2012, at around 07:28, the Defendant: (a) the Defendant solely resided in Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) on the ground that the victim D, the owner of the said house, (79 years old) opened the front door, making it possible for the Defendant to take part in the front door, such as the victim’s face, etc., from the front door to the front door.

As a result, the Defendant inflicted bodily injury on the victim, such as an on-road frighton, cerebral cerebral cerebral, etc., requiring hospitalized treatment for up to one month.

2. In a time, at the same time, at a place as stipulated in Paragraph 1, the Defendant inflicted an injury on D, and then brought the Defendant’s body and the body of the Defendant and the scambing wall with a single-use door, with a fire, such as the body of the Defendant and the body of the body of the Defendant and the body of the body of the scamba, gas valve, gas valve, scambath floor, mating, suspending, etc., which had been punished.

Accordingly, the defendant set fire to a building owned by another person and setting fire to the above house with which the market price cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on the occurrence of the case (general), on-site photographs, photographs (victims and suspects);

1. Relevant Article 257 (1) of the Criminal Act and Article 166 (1) of the Criminal Act (the point of injury and the choice of imprisonment with prison labor) of the same Act concerning criminal facts;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria;

A. Basic crime: In a case where the mitigation area (one year to two years), which has been mitigated (special mitigation) (one year to two years) (special mitigation), or considerable damage has been restored to a general building or fire prevention (the scope of recommending punishment).

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