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(영문) 광주지방법원 해남지원 2018.11.08 2018고단303
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 11, 2018, around 18:15, 2018, the Defendant expressed the Defendant’s desire to “EM” in the operation of the Victim D (A, B, 49 years old) located in the Gun, with the victim, while he/she had a financial dispute with the victim. B, “I, because I, I, because I, because I, paid the amount of money, I, she would like to “I, because I, she would have given you, she would have been humbling,” and the victim expressed that “I, she would have any desire,”

In order to see the high sound, the victim's market price in the location was laid on the floor and broken down the fire, and the victim's head was flick, which is a dangerous object of the victim's usual use, and the victim's head was flicked at a small wave once.

As a result, the Defendant damaged the victim's property and carried dangerous things with the victim's personal injury, such as the impairment of the head part in need of treatment for two weeks.

2. On June 12, 2018, the Defendant, at the same place as around June 19:30, on June 12, 2018, destroyed the market price of the victim’s possession, which was in front of the said multiple entrances, before the said multiple entrances, by gathering fire parts and destroying the bottom.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police with regard to D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) (the point of inflicting an injury on carrying a dangerous object) of the Criminal Act and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the maximum term of the punishments prescribed in each crime is aggregated);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (Considerations, such as those agreed with the victim);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

A. First-Class 1 Crimes (Assaults) (Extent of punishment recommended), Special Bodily Injury, Bodily Injury (Special Bodily Injury): Imprisonment with prison labor for two months to one year.

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