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(영문) 광주지방법원 2020.09.17 2020고단3128
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. Around 03:30 on May 3, 2020, the Defendant, while under the influence of alcohol, was in a dispute with male-friendly victim D or female problem, and was in a simplified body, a dangerous object, and was in the face of the victim by hand, and was in a hacker with the victim’s hack, with the victim’s hack and left hand, and had the victim’s hack, with the victim’s hack, the victim’s hack and left hand hack, and had the victim’s hack of treatment days, and was in a flack, hack, p

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victim.

2. At the same time and place as described in the above paragraph 1, the Defendant destroyed the air conditioner D in the process of assaulting the male-friendly area as described in the above paragraph 1, thereby destroying one air conditioner in the market price, which is the victim E-owned by hand, and the fire extinguisher, which is a dangerous object by hand, was stored on the wall and a different floor, and damaged the wall and a different day on the market price, which is the victim's own.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Crainary on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a photograph of damage submitted by victim E);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 369 (1) and 366 (a) of the Criminal Act for the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The scope of punishment by law: Imprisonment for six months to seven years;

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

(a) Special injury (Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury) (Special Bodily Harm) (Special Bodily Harm) mitigated elements: Efforts to recover minor injury and damage not to be punished;

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