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(영문) 전주지방법원 2018.04.26 2016고단1992
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 9, 2016, the Defendant damaged the Defendant’s property at C main points located in Seojin-gu, Seojin-gu, Seoul on August 23:20, 2016, on the ground that the Defendant’s act of the Defendant and the victim’s D’s act E taking the face of a dispute, which run down as a microphone, taken as a mobile phone, the Defendant destroyed that the Defendant’s repair cost amounting to KRW 169,092 by cutting the cellular phone from the victim’s Samsung Samsung-gu juth on the floor and destroying the liquidness.

2. The Defendant: (a) collected an empty beer’s face, which is a dangerous object on his/her table, on the ground that the victim E (57 aged) took a bath while taking the Defendant’s daily behaviors and vision, and caused injury to the victim, such as an internal wall cutting off for about six weeks, on the ground that the victim E (57 aged) took a bath.

Summary of Evidence

[Judgment]

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or E;

1. Each report on investigation;

1. Application of written estimates and written diagnosis of injury to Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) of the same Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

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

(a) A crime of Type 1: A crime of destroying property (a determination of type) that does not fall under any of the types 1 (i.e., damage to property, etc.) [decision in the sphere of recommendation] [decision in the sphere of recommendation] basic area [the scope of recommendation] imprisonment with prison labor for 4 months to 10 months;

B. Handling multiple crimes: Imprisonment with prison labor for not less than one year (in cases of concurrent crimes under the former part of Article 37 of the Criminal Act among crimes for which the sentencing criteria are set and those for which the sentencing criteria are not set, the lower limit shall follow the lower limit of the sentencing range in the sentencing criteria for the crimes for which the sentencing criteria are set or the lower limit of the sentencing range shall be set at the lower limit of the sentencing range)

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