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(영문) 전주지방법원정읍지원 2020.08.20 2020고단275
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On May 4, 2020, at the defendant's house located in Si/Gu/Eup/Myeon on May 18:4, 2020, the defendant suffered bodily injury, such as damage to the victim's face that requires treatment for about 14 days by putting the victim's face, while the victim C (the male, 74 years old) who purchased the scambling from the defendant expressed complaints about the scam quality of the mother.

2. The Defendant causing special property damage, at the time and place set forth in Paragraph 1, destroyed the Defendant’s escape, resulting in the victim’s destruction of the victim’s car, which was set up in the alleyway prior to the Defendant’s home, by putting the victim’s car back to the network, which is a dangerous object, such as a glass window for the victim’s fladr, clicker, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. 112 reported case handling table;

1. On-site photographs;

1. Written estimate of vehicle repair costs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act and Articles 262, 261, and 257 (1) of the Criminal Act (the point of causing special violence), Articles 369 (1), and 366 of the Criminal Act (the point of causing special damage to property), the choice of imprisonment with prison labor

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment determined for the crime of destroying and damaging any special property heavier than the circumstances]

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Confiscation of a crime by citing the value, which is a dangerous object with reason for sentencing under Article 48(1)1 of the Criminal Act, is not sufficient to commit each crime.

Considering the fact that the defendant is old, that the defendant has agreed with the victim smoothly, and that there is no record of punishment since 2000, the treatment lectures are taken into account.

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