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(영문) 대전지방법원 2020.04.09 2019고단4548
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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. On October 4, 2019, at around 01:00 to 015, the injured Defendant: (a) at the home of the Defendant in the Dong-gu Daejeondong-gu B apartment C, the Defendant: (b) was in a de facto marital relationship with the victim D (the age of 35) in a de facto marital relationship; (c) in a dispute with money, the Defendant was skeing the victim’s head debt with his/her hand; (d) when the Defendant was boomed with his/her body of the victim by drinking and drinking, and caused damage to the victim’s head character and head part that require approximately two weeks of treatment.

2. The Defendant causing property damage, while making a verbal dispute with the victim at the time, place, as described in paragraph (1), destroyed the amount by gallonno No. 5 mobile phones on the wall at the market price of 120,000 won owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (specific description of the amount of damage and destruction of property);

1. Application of an injury diagnosis report, on-site or damaged mobile phone photographs, etc., 112 report handling table, written agreement, or application of statutes not in charge of punishment;

1. Relevant Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes, among concurrent crimes prescribed in the heavier concurrent crimes);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Inflicting of Injury) [Determination of Punishment] : General injury [Type 1] General injury (Special Contributors): In cases of minor injury (type 1, 4), non-conformity with punishment (including serious efforts to recover damage), or recovery of considerable partial damage (in the area of recommendation and scope of recommendation] special mitigation area, 1 to 10 months of imprisonment;

(b) Second crimes (determination of types) (Destruction of and damage to property). General standards for the crime of destruction.

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