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(영문) 대전지방법원 논산지원 2016.12.20 2016고단181
상해등
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of two years for the crime of injury at the Daejeon District Court on May 20, 2014, and was sentenced to a prison term of two years for the crime of injury and four times for violence.

【Criminal Facts】

1. On October 21, 2015, the Defendant destroyed and damaged property: (a) around 21:35 on October 10, 2015, the Defendant deducted a mobile phone of an amount equivalent to 400,000 won in the market price of the victim’s possession from a cell phone owned by another male on the ground that the Defendant received a phone from another male and female-friendly victim C (V, female, 56 years of age) from a lifelong cancer parking lot located in the area of three-lane.

Accordingly, the defendant damaged the victim's property.

2. On November 3, 2015, the injured Defendant knew that the said victim borrowed money from another male, and was able to repay his/her debt to the Defendant at the office of the building in the area of the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYDDDDDD, the injured Defendant was injured by the number of days of treatment in which he/she took care of the victim’s face and left hand with his/her hand in his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Photographs;

1. Investigation report (verification of the date of crime of injury of a suspect);

1. Investigation report (to attach mobile phone text messages to which a criminal complaint is filed);

1. Previous convictions: Application of Acts and subordinate statutes after inquiry;

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

1. Of concurrent offenders, the reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, Article 1 of the Reasons for the Sentencing [the scope of recommending punishment] general injury [the scope of recommending punishment], the mitigation area (including two to one year), the mitigation area (including a serious effort to recover damage), the mitigation area (including a serious effort to recover damage), or the recovery of considerable partial damage, the second crime (in the event of damage) (the scope of recommending punishment] and the mitigation area (1 to six months) [the mitigation area] [the mitigation area (1 to six months] of the mitigation area, the mitigation area (a special mitigation area] of punishment (a special mitigation), and Article 50 of the Criminal Act.

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