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(영문) 의정부지방법원 2016.12.01 2016고단4467
상해등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 05:30 on April 8, 2016, the Defendant damaged the property of the victim by pushing ahead of his/her residence of the victim D (the age of 84) located in Namyang-si, Namyang-si, for the reason that the victim does not open his/her door, and destroying his/her windows by an insular method.

2. The injured Defendant: (a) entered the victim’s left hand, etc. and the upper part of the upper part of the Defendant’s arms, etc., which led the victim to leaving the Defendant at the time and place specified in paragraph (1); and (b) put the victim into the upper part of the Defendant’s arms with the upper part of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of statutes on site photographs;

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 crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments for two crimes) of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended types based on the sentencing criteria;

(a) Insignificant bodily injury (a) in the area of mitigation (two to one year) (special mitigation) of the mitigated area (two to one year), which is a basic crime (Scope of Recommendation) general injury;

(b) Where actual damage is insignificant in the mitigation area (one month to six months) (special mitigation) of category 1 (Crime of Destruction and Damage, etc. of Property) (Scope of Recommendation) of concurrent crimes (Crime of Destruction and Damage, etc. of Property);

(c) Criteria for handling multiple crimes: Imprisonment with prison labor for two months to one year; and

2. Circumstances unfavorable to the decision of sentence: The defendant's age, occupation, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., and all sentencing factors prescribed in the subparagraphs of Article 51 of the Criminal Act, such as the circumstances after the crime, etc., are considered as having the record of criminal punishment for the same kind of crime, the failure to obtain a permit from the victim and the favorable circumstances that the damage has not been recovered: The confession and reflect of the crime in this case, and the health of the defendant is not good due to mental illness. It is so decided as per Disposition for the above reasons.

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