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(영문) 서울남부지방법원 2017.03.29 2016고단5891
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On June 9, 2016, at around 10:30, the Defendant suffered special injury at one time as follows: (a) the victim E (34) was replaced by the Defendant on the front of D in the petition-gu Cheongju-si, Cheongju-si, and (b) the victim E (34) was replaced by the Defendant.

After that, the victim tried to take a cell phone after driving away from the defendant, and brought about the victim's cell phone in order to photograph the defendant with the cell phone, and the victim's tobacco, which is a dangerous object of the victim's left hand to find the cell phone, caused the victim's injury to the victim, such as the flood or video that requires treatment for about two weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant damaged the property by placing the cell phone of the victim who was deducted from the victim on the floor at the same time and at the same place as paragraph 1, and by placing the cell phone in the floor, thereby damaging the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Imprisonment with prison labor for choice of punishment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the criminal records of the same kind of crime with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, Defendant should be punished with severe punishment. However, after being sentenced to a suspended sentence of imprisonment for 2012, the instant crime had no criminal records before the instant crime was committed, the victim has recovered from damage by paying KRW 2,50,000 to the victim, and the victim has not want to be punished, etc. shall be determined as per the disposition in consideration of the following:

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