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(영문) 부산지방법원 2018.04.18 2018고단32
상해등
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant was injured by the Defendant’s wife B (28 3) of the ordinary victim B (S) and the Defendant’s wife “the Defendant was not a woman, she was going to the Defendant’s wife.

Around 08:15 on November 12, 2017, the victim was a E Park in front of the "D" located in Busan Jin-gu, Busan, and the victim was flicked with the flat and the face part of the victim's flat and flat, with his flat and face part of the victim's flat and flat, with the victim's flat and flat, and the victim was flatd with the victim's flat and face part.

2. The Defendant damaged property, at the same time and at the above time and place, was able to gather two Samsung mobile phones from the road surface, where the market price on the said victim was unknown.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against B;

3. A written diagnosis of injury;

4. Application of each statute of photography;

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

(a) The point of injury: Article 257 (1) of the Criminal Act (the choice of imprisonment);

(b) point of damaging property: Article 366 of the Criminal Act;

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the extent that the punishment is aggregated with the long-term punishment for the crime of damaging property with heavy injury).

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection.

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

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

(a) Basic crime: Determination of the type of injury (1): Violence Crime Group - General Injury - Special Sentencing Type 1 (General Bodily Injury) (2): No person (3): Imprisonment with prison labor for a period of four months to one year and six months (basic area);

(b) Concurrent crimes: Determination of the type of crime of damaging property: general standards - Class 1 (Property Damage, etc.) (2) Special sentencing: (3) The scope of punishment recommended: Imprisonment with prison labor for up to 4 months to 10 months;

(c)the guidelines for multiple crimes;

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