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(영문) 대구지방법원 안동지원 2019.01.18 2018고단634
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 22, 2018, the Defendant: (a) 22:25, when permanently residing in C, carried alcohol together with D and scambling in C; (b) the victim E (the age of 61) took the victim’s bath to the victim; (c) took the victim’s abundance of dangerous objects on the table as his hand; (d) cut off the victim’s abundance on one occasion; and (e) led the victim to the victim’s abundance by scaming the victim’s horses.

Accordingly, the defendant carried dangerous things with the victim, who caused the tear of treatment days.

2. The Defendant destroyed property damage, at the time and place set forth in the above Paragraph 1, by setting 20,000 won of the market price owned by the victim F, which was in a cooling place, on the floor.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes on internal investigation reports (related to attachment of field photographs);

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) and 366 of the Criminal Act (the point of causing bodily harm and the choice of imprisonment with prison labor) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Sentencing criteria;

(a) Type 1 (Special Bodily Injury) (Extent of Recommendation) and the mitigated area (4-1 year) (special mitigation) of the special injury area (4-1 year) are not subject to punishment;

(b) Type 1 (Crime Destruction, Destruction, etc. of Property) and the area subject to mitigation (not more than 6 months), which are not subject to punishment (special mitigation) of Part 2; and

(c) The scope of final sentence due to the aggravation of multiple offenses: April to January; and

2. The nature of the instant crime is not good in light of the risk, etc. of the instant crime, in which the part concerning which the sentence was previously determined to be pronounced was determined differently.

Defendant has been punished several times for the same crime of violence.

However, the defendant recognizes his wrong and reflects his attitude.

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