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(영문) 의정부지방법원 2020.04.03 2019고단4645
특수상해등
Text

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

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 August 9, 2019, the Defendant damaged the victim’s property at the “C” game room located in Yangju City-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si (hereinafter “A-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si).

2. Around 01:20 on August 9, 2019, the Defendant: (a) avoided disturbance on the same ground as that indicated in paragraph (1) at the place specified in paragraph (1); (b) notified the victim E (Nam, 53 years of age) who was a customer in the game at the said game site of the contact number of the president; (c) however, the victim did not know the contact number of the president of the game site; (d) was unable to know the contact number of the president of the game site; and (e) was collected with the main body of a computer, which is a dangerous object against the victim; and (e) the victim inflicted injury on the victim, such as catum dump and tension, for about three weeks of medical treatment on the body of the computer.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses E in the second protocol of the trial;

1. A written diagnosis of injury to E;

1. Application of Acts and subordinate statutes to damaged sites and photographs;

1. Articles 258-2 (1), 257 (1) and 366 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act does not have a substantial risk by computer monitors, etc., and the value of damaged articles is not only a large amount of the value of the damaged articles, and in the case of a special injury, only the statutory penalty is prescribed, and thus, the special injury is the same as above.

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