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(영문) 춘천지방법원 강릉지원 2018.12.21 2018고단1112
특수상해등
Text

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

The defendant and the victim C(n, 44 years old) are married with the couple's death, and currently in a divorce lawsuit.

On August 31, 2018, the Defendant: (a) 19:48 on March 31, 2018, the victim in the “E” restaurant operated by the victim in C, with a view to fluoring a dispute with male customers; (b) the victim fluored the victim on the ground that the victim had talked with his male customers; (c) the telephone engine on the table at the entrance of the restaurant; (d) broken off the drinking water on the floor; and (e) the dluor, which is a dangerous object from the troke line of the Defendant’s vehicle located outside the restaurant (one name “ma”, the total length of which is 84 mm), laid off three tables; (d) the victim was fluord by attaching one chair; (e) the victim was knibly knick to the floor; and (e) the victim was able to walk the victim’s left part of the restaurant; and (e) the victim was able to walk the victim’s 2nd by the victim’s hand.

Accordingly, the defendant carried dangerous articles, and damaged the restaurant house in the sum of 357,000 won, which is the market value of the victim's possession, and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each medical certificate and records of medical treatment;

1. Application of written estimates and transaction details Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense (a point of damage to special property, and a choice of imprisonment with prison labor);

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. Article 62(1) of the Criminal Act provides that there is no particular criminal history other than once a penalty is imposed, and the defendant and the victim are under the risk of re-offending due to divorce.

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