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(영문) 대구지방법원 안동지원 2017.06.02 2016고단922
상해등
Text

1. The punishment of the accused shall be four months of imprisonment;

2. Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final;

Reasons

Punishment of the crime

[2016 Highest 922] On November 16, 2016, the Defendant, while drinking alcohol at the residence of the victim B and the victim C (at the age of 63) around 10:25 on November 16, 2016, caused the Defendant to inflict an injury on the Defendant in need of two weeks of fluoral fluoral fluoral fecing, where the victim was seated with a defective fluor who was her only drinking alcohol.

[5] On December 14, 2016, the Defendant destroyed the victim’s property by destroying the door door door (distance X 80cm at 60cm) at the market under the influence of alcohol on the ground that the Defendant was under the influence of alcohol, on the ground that it was not found even though he/she was on his/her own gate, within the glock room owned by the victim D in Ansan-si, Dong-dong, Dong-si, Dong-si, 2016.

Summary of Evidence

[2016 Highest 922]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Reporting on the arrest of a case;

1. A report on internal investigation:

1. A medical certificate (2017 high group 5);

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Reporting on the arrest of a case;

1. Each investigation report and accompanying materials;

1. Application of Acts and subordinate statutes to report internal death;

1. Relevant legal provisions concerning facts constituting an offense and the point of injuring the option of punishment: Article 257 (1) of the Criminal Act that damages property: Article 366 of the Criminal Act;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation and taking of protection and the order of community service;

1. Recommendations based on the sentencing criteria;

(a) Determinations on the type of injury (crime 1) 1: Violence, general injury, type 1 (General Injury) 2: Determination on the area of recommendation of punishment and minor injury (each element of mitigation) 3: 4) scope of recommended punishment: one month to one year;

(b) Determination of the type of property damage (Article 2.1): Determination of the range of damage, general standards, type 1(property damage, etc.) and the range of special sentencing factors (Article 1.2): Determination of the area of recommendation where punishment is not imposed, where actual damage is minor (Article 3).

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