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(영문) 대전지방법원 2016.02.17 2015고단3433
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 8, 2015, at around 23:30 on September 23:3, 2015, the Defendant: (a) was placed in a room No. 1 “E main store” operated by the Victim D in Daejeon Pungdong-gu Daejeon; (b) on the ground that Doesmi F was not in compliance with the Defendant’s demand, the Defendant was placed in the floor and wall of the beer’s disease, which is a dangerous object in the table, and Domi, was able to take the head of the Victim D (54 years old) who was hacking and hacked with the Defendant’s left arms.

As a result, the defendant puts up a stuff on the left part of stuffs where the number of treatment days cannot be known to the victim.

2. The Defendant, at the same time, at the same place as the above 1. Paragraph (1) above, destroyed property by gathering ED monitors (the size of screen : 42) equivalent to KRW 5.70,00,00 of the market price owned by the above victim, which was installed on the wall of the pertinent victim, due to a beer, which is a dangerous object, for the foregoing reasons, and destroying the above monitoring screen.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (the occupation of and injury to carry dangerous articles) of the Criminal Act concerning facts constituting an offense, and Articles 369 (1) and 366 (the occupation of special property damage and the choice of imprisonment) 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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

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

1. The scope of the recommendation for the crime of damaging special goods subject to the sentencing guidelines shall refer only to the lower limit of the recommendation range of the crime for which the sentencing guidelines are set in the former part of Article 37 of the Criminal Act, since the crime to which the sentencing guidelines are applied and the crime to which the sentencing guidelines are not applied are concurrent crimes under the former part of Article 37 of the Criminal Act, as it refers only to the lower limit of the recommendation range of the crime for which the sentencing guidelines are set.

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