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(영문) 대전지방법원 2018.01.11 2017고단2570
특수상해등
Text

1. Defendant A shall be punished by imprisonment for four months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A and Defendant B are the same as the one for day duty, which is used as a lodging house in Sejong City D 406.

1. On March 1, 2017, the Defendant collected lids of metal materials installed on the floor of his own site while waiting for the 1119 first-aid vehicle, and damaged the said vehicle to cover approximately KRW 800,000,000 for repair cost, by gathering lids of metal materials installed on the top of his own site while waiting for the 119 first-aid vehicle.

2. Defendant B, around March 1, 2017, at the above accommodation on the same day and around 22:10 on March 1, 2017, upon considering the head of the victim A (the victim’s age 49), the Defendant inflicted an injury upon the victim’s head during the treatment period and the name of the sick.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning partial examination of suspect of the police officer;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime, on-site photographs, a list of cases to be reported, each investigation report (the call received by a police officer by telephone, confirmation of a criminal suspect, and hearing statements by a police officer dispatched to the scene);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 366 of the Criminal Act (the choice of imprisonment);

B. Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act

1. Defendant B who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. The Defendants subject to suspended execution: The following conditions for sentencing under Article 62(1) of the Criminal Act are as follows: the Defendants’ age, occupation, sex, environment, motive, means and consequence of the commission of the crime and the circumstances after the commission of the crime and the various conditions for sentencing as set forth in the argument of the instant case.

1. Unfavorable circumstances for Defendant A: The circumstances that are favorable to the fact that the liability for the crime of this case is not somewhat weak in light of the background and content of the crime of this case: The confession of the crime of this case, the fact that there is no particular criminal punishment other than the two juvenile protective dispositions, the amount of damage is relatively little, and the victim E has agreed smoothly with the victim;

2. Circumstances unfavorable to Defendant B: this case.

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