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(영문) 전주지방법원 2017.08.10 2017고단735
상해등
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

On April 13, 2017, the Defendant: (a) around 22:00, the Defendant: (b) destroyed the entrance of the said dwelling area by 3.50,000 won on two occasions under the influence of alcohol in front of the victim C ( South, 67 years old); (c) opened a door to the victim; (d) opened the door to the victim; and (e) laid down the door to the right side of the said dwelling area for about two weeks to require approximately two weeks of treatment.

Accordingly, the defendant damaged the property owned by the victim 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. A report on investigation (related to field photographs, etc.);

1. The application of Acts and subordinate statutes to an investigation report (a quotation and a statement of opinion);

1. Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of adding up a maximum term);

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

1. Scope of applicable sentences under law: From January to ten years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: Crimes of bodily injury [the type of determination] (the general injury) (the person subject to special sentencing] of category 1 (the person subject to special sentencing) and minor injury (the scope of sentencing recommendations) and non-taxation [the scope of sentencing recommendations] from one month to one year (the area subject to special mitigation);

(b) Concurrent Crimes: Group 1 (Special Criteria for Property Destruction, etc.) (Special Sentencing Persons), which is not subject to punishment (the scope of recommended sentences), one month to six months (the area of mitigated punishment).

C. Application of the standards for handling multiple crimes [the scope of final recommendations and sentences] from January to March 1 (the maximum scope of sentence for basic crimes 1/2)

3. There are some favorable sentencing conditions, such as the fact that the degree of damage to the sentence was not significant, the full recovery of damage was made, and the defendant reflects his mistake.

(b).

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