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(영문) 춘천지방법원 2016.02.04 2015고단897
상해
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

On September 2, 2015, the Defendant: (a) around 01:15, around 01:15, the Sincheon-si Park, the Defendant inflicted an injury on the victim C (52 tax) and the victim C (52) who had drinking alcohol together with the flusor, and the flusor, wishing to go to the instant prison during the time when the flusor had the fluor’s face, resulting in an injury on the victim, such as a flusor, which requires approximately four weeks of treatment.

On June 3, 2015, the Defendant: (a) around 01:00 on June 3, 2015, around 01:00, the Defendant, who was forced to reside in the said 104 dong 303 around 104 dong 303, and was forced to leave the said 104 dong 104 dong 104 dong 303; and (b) caused damage to the Defendant’s 15,00 the market value of the said 10 dong 303 dong 104 dong 303, the Defendant owned by the Korea Housing Corporation.

Summary of Evidence

"2015 Highest 897"

1. The legal statement of the witness C;

1. On-site photographs;

1. Statement by the police and by the prosecution concerning C;

1. A report on investigation;

1. A protocol concerning the examination of the suspect of the police officer on September 2, 2015 against the defendant;

1. A protocol concerning the examination of the suspect of the defendant to the prosecution on September 10, 2015;

1. C's written diagnosis of injury "2015 Highest 1319";

1. On-site photographs;

1. Each E statement;

1. Statement made by the police for E;

1. A certified copy of register;

1. On December 17, 2015, the application of statutes governing the suspect interrogation protocol to the prosecution by the defendant

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. The scope of the final sentence due to the aggravation of multiple crimes in cases where actual damage is minor, the scope of the punishment due to the aggravation of multiple crimes (one month to six months) in the basic area (four months to one year and six months) (the scope of recommendation) under the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and Article 1 of the Reasons for the Sentencing [the scope of the punishment] under the first sentence of Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes, and Article 50 (Assault of Violence].

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