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(영문) 전주지방법원 남원지원 2016.04.12 2015고단273
특수상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Around July 11, 2015, the Defendant: (a) thought that the Defendant was in the Republic of Korea, North Korea-Si, South Korea-si, North Korea-Si; (b) considered the Defendant’s head and face of the victim E (at 45 years old); (c) as a matter of drinking, the Defendant was in the body part of the victim’s head and face; and (d) as the body part of the body part was separated from the body part of the body part, the Defendant took part of the victim’s body part, which is a dangerous object; (b) took part of the body part of the victim’s arms and legs; (c) took part of the body part of the victim’s arms and legs; (d) took part of the victim’s arms and legs; and (d) took part of the victim’s body as a dangerous object; and (e) took part of the victim’s head, and inflicted an injury on the victim, such as the victim’s face, arms, and bridge surface

2. On the same day as paragraph 1, the Defendant: (a) found a FK5 car, the victim of which was located at the center of the police station south-si, Namwon-si, Namwon-si; and (b) discovered a fK5 car at the parking lot, and destroyed the car by walking the front glass of the said car so that the repair cost would be approximately KRW 2.50,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Relevant photographs;

1. Application of Acts and subordinate statutes to a report on investigation (a written diagnosis and estimate of a victim);

1. Relevant Article 258-2 (1) of the Criminal Act (the point of special injury) and Article 366 of the Criminal Act (the point of damage to property and the choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with heavy special injury (within the scope of the sum of the long-term punishments of the above two crimes)];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences by law: Imprisonment for one year to 13 years; and

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

(a) The basic area (from April to October) (the person who has no special sentencing factors) of the category 1 (the scope of recommendation punishment) of the general standard; and

(b) Special injury offenses: Offenses for which the sentencing criteria are not set;

(c) Recommendation according to the standards for handling multiple crimes: Imprisonment;

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