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(영문) 대전지방법원 천안지원 2020.02.20 2019고단1870
상해등
Text

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

Reasons

Punishment of the crime

1. At around 01:10 on June 6, 2019, the Defendant suffered injury, such as the 1straw catus of the victim C (ma, 47 years of age) who is a son in the village of the Defendant’s house located in Asan City B, and the victim’s face, body, etc., were taken in a large number of times due to the victim’s fating of drinking, and the victim’s face, body, etc. were taken over for about 42 days, other than the 1straw catus of the victim’s catus.

2. The Defendant causing property damage, at the same time and place as mentioned in the above paragraph (1), had the victim C deducted the victim’s cell phone from his cell phone in order to report to the police with his cell phone, and had the department take the wall, thereby damaging the repair cost of KRW 193,00 in an amount equivalent to KRW 193,00.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A written diagnosis or written request for medical treatment;

1. A detailed statement of repair expenses;

1. Application of the Acts and subordinate statutes to each photograph, destroyed mobile phone photograph;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

(a) A primary crime (influence of types) (influence of injury) (influence of types), a general injury [Type 1] general injury (special person influence of punishment): a serious injury (type 1, 4): an aggravated area (influence of recommendations and the scope of recommendations) (influence of punishment), six months to two years and six months;

(b) Second crimes (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Article 1] There is no person who is a special person [Article 1] [Scope of recommendation and recommendation] basic area, imprisonment with labor for April to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Six to two years of imprisonment (the maximum of crimes No. 2).

2. Considerations, such as the fact that the victim was injured by the decision of sentencing, the fact that damage has not been recovered, the fact that the victim was mistakenly recognized, the fact that there was no criminal punishment other than twice a fine, the fact that there was no punishment after 200, and the motive of the crime

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