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(영문) 인천지방법원 2016.05.26 2016고단1371
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around January 9, 2016: (a) around 06:08, the Defendant: (b) shouldered a studio of F amusement room 3 times operated by the Victim E (M, 58 years of age) on the 2nd floor in Osan-si; (c) took a studio to the victim with a studio for singing room in the said studio; (d) by driving away the victim from the damaged studio, the Defendant carried the studio, thereby leaving the victim over the floor by putting the head of the stude, and putting the stude, which is a dangerous object in the said place, on the part of the victim, led the victim at approximately fourteen (14 days of age to the right part, for which treatment is needed.

2. The Defendant damaged property at the same time, at the same place as above 1 paragraph, and at the same time as above, the victim E was laid on the floor, and damaged the above chairer’s leg by gathering the above chairer’s leg toward the electric column in which he was in his place, and putting him up the upper part of the street, thereby damaging one gramcon worth KRW 35,000 in the market value and one gramcon worth KRW 80,000 in the market value, and one gramcon worth KRW 300,000 in the previous column.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on screen pictures and estimates to permit business operations, a written diagnosis of injury, CCTV closures;

1. Relevant legal provisions of the Criminal Act, Articles 258-2(1), 257(1) (a) of the Criminal Act, Article 366 of the Criminal Act, and choice of imprisonment for a crime;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria (destructive action) (the scope of the recommended punishment) (the scope of the recommended punishment) shall be the mitigated area (one month to six months), the punishment of a person who is not subject to special mitigation (including serious efforts to recover damage), or a case where a significant damage has been restored;

2. The defendant who has no criminal record of an act of violence, 30,000 fines in violation of the Air Quality Conservation Act in 1992, and 207.

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