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(영문) 창원지방법원 통영지원 2016.07.29 2016고단502
상해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal record] On April 2, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Busan District Court and two years of suspended execution, and the above judgment became final and conclusive on April 10, 2015, and is still under suspended execution.

[Criminal facts]

1. On March 6, 2016, the Defendant damaged the Victim E’s house at a large time on March 6, 2016, on the ground that he/she did not receive the Defendant’s telephone, the Defendant found the victim E’s house at around 06:0, and caused the damage to the Defendant’s house by having the entrance door equivalent to KRW 50,00,000 at the market price

Accordingly, the Defendant damaged the property owned by others.

2. For the same reasons as paragraph 1 at the time and place specified in paragraph 1, the injured Defendant took the victim’s face more than 10 times in drinking, taken the victim’s face into front corridor at the above house, taken the victim’s seat four times in front of the above house, taken the victim’s seat into four times. On the same day, at around 12:05 of the same day, kid the victim’s convenience store located in the F apartment apartment commercial building at the victim’s 10 times in front of the same day, and inflicted an injury on the victim, such as damage of the victim’s head part of the left-hand head requiring approximately 2 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Each report on investigation;

1. 112 Reporting case processing slips, caps and video CDs;

1. Previous convictions in judgment: Inquiries about criminal history and investigation reports (verification of the results of handling a separate case) and the application of statutes;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing guidelines is one crime (finites), the scope of the recommended punishment [finites] according to the sentencing guidelines, and the scope of the recommendation [finites] general crimes (finites to two months to one year), the mitigation area (finites to one year), the reduction area (finites to six months), the reduction area (finites to six months), and the reduction area (finites to one year to six months), the reduction area (f in property damage, etc.) of the reduction area.

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