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(영문) 춘천지방법원 강릉지원 2018.10.19 2018고단895
상해등
Text

A defendant shall be punished by imprisonment with prison labor 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 August 25, 2018, the injured Defendant: (a) reported to the police of the victim G (at least 68 years of age) before the victim G (at around 15:50 on the road in Gangnam-si E on August 25, 2018; (b) reported to the police of this case; (c) reported the victim’s departure from the vehicle to the victim, and (d) reported the victim’s “the victim was punished by a fine of KRW 300,000 on the ground of the sprinking year; and (d) reported the article and seal of the vehicle to the victim.” On the other hand, the victim was informed of the vehicle’s back while walking the vehicle’s back, the victim was faced with the vehicle’s back and walking the victim’s back one time on the part of the victim’s escape; and (e) continued to drive the victim’s left part on one occasion, the victim’s sale to the left part, which requires approximately two weeks’ treatment.

2. On August 25, 2018, the Defendant destroyed special property by putting the victim’s parking lot columns, fences, entrance doors, etc. owned by the victim on the ground that the victim’s parking lot created adjacent to the office interfered with the passage of the F Certification Broker operated by the victim H on August 25, 2018, the Defendant destroyed the 2,040,000 won incidental to the repair cost, on the ground that the parking lot created adjacent to the office was obstructed by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 257 (1) of the Criminal Act (the point of harm) applicable to the facts constituting an offense, Articles 369 (1) and 366 of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

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 stay of execution (see, e.g., Article 62 (1));

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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