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(영문) 대구지방법원 2018.11.22 2018고단4377
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On July 31, 2018, the Defendant damaged the victim’s property in front of the “Tgu Bank Ma-ro 85, Daegu-gu, Daegu-gu, Daegu-ro 85, on the ground that his/her father’s father was not from telephone due to the influence of alcohol. However, the Defendant, under the influence of alcohol, landed the public telephone windows owned by the KTing Ka-ro, Inc. into a flooder that had been in his/her place, and then, damaged the victim’s property so that approximately KRW 30,000 of the repair cost would take place.

2. Around August 13, 2018, the Defendant suffered special injury within the “Maart” operated by the victim D (the remaining, 51 years of age) of the victim D (the Maart) in Daegu Northern-gu, Daegu Northern-gu, Seoul (the Maart). However, the Defendant rejected the Plaintiff’s refusal, broken the fluor’s disease, which is a dangerous object cited by the victim, and collected a shoulderer’s disease toward the face of the victim, led the victim to approximately 14 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Investigation reports (in cases of attaching photographs to visit the scene on the official telephone);

1. A report on investigation (to be attached to a written estimate);

1. Application of Acts and subordinate statutes to a report on investigation (referring to submission of an agreement and a written diagnosis of injury);

1. Relevant legal provisions concerning facts constituting an offense, Article 366 of the Criminal Act of the choice of punishment (the point of damage to property, the choice of imprisonment), and Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of harm to carry dangerous articles);

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. Criteria for sentencing on the grounds of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act for observation of protection and observation;

(a) In cases of special injury (Scope of recommended punishment), special injury, or repeated injury: Type 1 (Special Bodily Injury) (1) (4 months to 1 year) in the mitigation area (including special mitigation person), the punishment of a person not subject to punishment (including serious efforts to recover damage), or where considerable damage has been restored to a part;

(b) Property damage [the scope of recommended punishment] is a type No. 1 (property damage, etc.) (one to six months) (special mitigation factors), a penalty not for damage (including a serious effort to recover damage), or a significant damage is restored.

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