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(영문) 창원지방법원 마산지원 2017.05.10 2017고단274
특수상해등
Text

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

However, 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. In around 11:20 on September 30, 2016, the Defendant: (a) found the victim C(D) (hereinafter “D”)’s office located in Changwon-si, Changwon-si, Masan (hereinafter “D”) in the “D office; (b) caused damage to the victim’s head by gathering 30cm in length, 10cm in length, 30cm in length, 40cm in length, 10cm in length, 30cm in length in length in length; and (c) caused damage to the victim’s head, which requires approximately two weeks of treatment.

2. At the time and place mentioned in the above paragraph 1 above, the Defendant destroyed by breaking one computer monitor equivalent to 124,160 won at the market price on the said book for the said reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense (a point of damage to special property, and a choice of imprisonment with prison labor);

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

1. Determination of the sentence like the order shall be made by taking into account the following factors: (a) agreement with the victim on the reason of sentencing under Article 62(1) of the Criminal Act; (b) there is no record of the offense committed against the defendant; and (c) circumstances leading to the offense; and (d) the age, family relationship, and sentencing guidelines

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