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(영문) 서울중앙지방법원 2017.06.08 2017고단2445
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 31, 2017, the Defendant: (a) around 00:35, around “C”, a restaurant located in Gangnam-gu Seoul, and (b) around 2 weeks of the victim D ( South, 23 years of age) who is the next cafeteria, caused the victim to walk her drinking at one time, and (c) as “E”, the Defendant ran the victim a dangerous object that followed the victim and left her head at the same place; and (d) around 2 weeks of the victim’s head from the beer and the beer her head needs to be treated for approximately two weeks of treatment.

2. The Defendant damaged property at the time, at the time, and at the place specified in the above paragraph 1 as above, destroyed approximately 10 bottles of beer and beer owned by the Victim F, the president of the said “E,” and destroyed the utility of property by making it impossible for the Defendant to enter the victim’s capital 1 stuff, and salt 1 crypus and use them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. On-site damage photographs, details of 112 reported, images of injury, and written diagnosis of injury;

1. A investigation report (Attachment of a photograph ofCCTV image) and photograph of the CCTV image to which it is attached;

1. Application of Acts and subordinate statutes to report on investigation (victim F Telephone listening);

1. Relevant legal provisions and special injuries to the crime: Points of damage to property under Articles 258-2 (1) and 257 (1) of the Criminal Act: Article 366 of the Criminal Act;

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. Scope of the sentencing recommended according to the sentencing criteria under Article 62 (1) of the Criminal Act;

1. There is no basic area (from April to October) (a person who has a special sentencing factor) of the basic area (from April to October) of the type No. 1 (the scope of recommended punishment) of the general standard;

2. No sentencing criteria for special injuries are prepared.

3. Since the sentencing criteria do not apply to special injuries in relation to the crime of damage to property to which the sentencing criteria apply and the crime of concurrent crimes, the sentencing criteria shall be determined by taking into account only the lower limit of the above sentencing range.

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