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(영문) 서울동부지방법원 2020.09.14 2019고단3868
상해등
Text

A defendant shall be punished by imprisonment for four 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

The defendant is between the victim B (n, 36 years of age) and the restriction on teaching from around 2016 to January 2019.

1. On March 28, 2019, around 18:30 on March 28, 2019, the injured Defendant: (a) faced the victim beyond the pushed floor on the ground that the victim did not lend money; (b) and (c) caused the victim to be faced with the trustor, and (d) faced the victim with the right side of the days of treatment.

2. The Defendant damaged the property by tearing six parts of the credit card and physical card owned by the victim, which is located in the victim’s wall wall, at the time and place indicated in the preceding paragraph, and for the foregoing reasons, and destroying the property of the victim by tearing two parts of cash 50,000 won and 10,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of statutes on photographs of damage;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 366 of the Criminal Act, the choice of punishment for the crime;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Inflicting of Injury) [Determination of Punishment] general injury [Type 1] general injury (special person) - mitigated element: Reduction area of punishment (the scope of recommendation area and recommendation range] mitigation area, February to October [general person] - Reduction element of mitigation area of punishment: serious reflective nature;

(b) Class 2 crime (Determination of Punishment) (Destruction of Property) / [Class 1] Property damage, etc. (Special Punishment) - Reduction element: Non-Mitigation of Punishment [Scope of Recommendation and Recommendation] Reduction Area, 1 to 6 months [General Sentencing] - Reduction element: Serious reflectiveness

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two months to one year;

3. Determination of sentence: Four months of imprisonment and one year of suspended sentence;

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