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(영문) 대구지방법원 포항지원 2019.01.16 2018고단1490
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. At around 05:30 on September 18, 2018, the Defendant, at the main point of “C” located in the Northern-si, Northern-si B, Mapo-si, Mapo-si, Mapo-si, Mapo-si, sent a physical contact with the victim D (31 years of age), E and E, by raising the victim’s hand on his her hurri, while drinking together with F, and the victim’s face was hurged by hand. The Defendant was at the time when the victim’s hurged with the victim’s hand hurged with the victim’s hurg, and the victim’s hurged with the victim’s face.

As a result, the defendant carried dangerous objects and carried them for about four weeks to receive treatment from the victim.

2. The Defendant damaged the virtue and monitoring display site, and the radio microphones so that the victim G, who operates the foregoing main points at the time and place specified in the foregoing paragraph (1), can drink and scambling monitors and have wireless microphones in drinking, and the amount equivalent to KRW 748,00,00.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement about D, E, and G;

1. Report on internal investigation (personal information of a shote and a photograph of damaged parts, etc.) - photographs of the damaged parts, diagnosis reports (D), investigation reports (on-site photographs and estimates) - Chapter 4-Woos shall be applied;

1. Relevant Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime (the point of causing damage to property and the choice of imprisonment);

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. Crimes No. 1 (Extent of Violence) (Extent of Recommendation), Type 1 (Special Bodily Injury, Bodily Injury) (Special Bodily Harm), mitigated area (4-1 year), and Category 2 Crimes (Aggravated Punishment) not punishable (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment), the scope of the recommended punishment for the sentencing guidelines set forth in the sentencing guidelines, shall cause damage to the property of Type 1.

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