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(영문) 부산지방법원 2019.06.10 2019고단1658
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant and the injured party B (20 years of age) are as follows:

On February 6, 2019, at around 15:03, the defendant, while drinking alcohol together with the victim, etc. at the victim's residence in the Busan B building and the victim's residence in D, the victim's pet dog had been faced several times, and the victim's pet disease was broken, which is a dangerous object to the victim's defense, and the victim's left side has reached the victim's left-hand side.

As a result, the defendant carried dangerous objects and carried them on the left-hand side where it is impossible to identify the days of treatment.

2. The Defendant damaged the damage of property by destroying the victim E-owned glass windows installed in the corridor of the eighth floor of the building C above by selling out of the entrance while causing the injury to the said B at the time and place described in the above paragraph (1). The Defendant damaged the repair cost to the extent of KRW 1.50,000.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (as to the payment of damages caused by glass)

1. Application of Acts and subordinate statutes governing victim and on-site photographs;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act concerning criminal facts;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for the crimes of the above two crimes is aggregated).

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

4. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

5. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than six months but not more than six years and not more than six months;

2. Scope of recommending sentencing criteria: Imprisonment with prison labor for not less than six months but not more than one year and not more than three months.

(a) Basic crimes: Special injury [type 1] Special injury (special injury to a person who has been specially punished] mitigated elements: mitigated elements of punishment (the area of recommendation and the scope of recommendation]: From four months to one year; imprisonment;

(b) 1.

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