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(영문) 서울북부지방법원 2018.01.17 2017고단4293
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 04:40 on October 9, 2017, the Defendant had been in a past relationship with C (Y, 37 years of age). Around 04:40 on October 9, 2017, the Defendant was not in contact with C, thereby finding the residence of C, located under the ground of the D Building No. 101 in Jung-gu Seoul, Jung-gu, Seoul, but opening the door, but did not open the door. However, the Defendant destroyed the property by destroying the instant land No. 101 glass and laundry glass, which is owned by the victim E, the lessor of the said C’s residence.

2. In around 10:50 on October 9, 2017, the injured Defendant: (a) at the Defendant’s house located on the first floor below the Seoul Jung-gu Seoul Central Government Building F, the victim C, who became aware of the Defendant’s damage of the glass window, found the Defendant’s house and resisted the Defendant’s house; (b) thereby, the victim’s face and the chest part of the victim can be seen as “the victim was winded”; and (c) the victim’s body was taken from the victim’s body, and (d) suffered injury, such as the flasing mouth, etc., necessary for medical treatment, to the victim for the next day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Destruction of the windows, windows, and laundry rooms at the victim's dwelling places;

1. On-site photographs (the victim's ambulances, damage to the site glass, and the image of the victim), and photographs damaged by the victim's C face (the photograph of a hospital visit);

1. Investigation report (written opinion of doctor G);

1. Investigation report (verification of the victim's health condition, etc.), investigation report [Hearing of the victim's statement], the application of Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the 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. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. The basic area (from April to June) of the scope of the recommended punishment according to the sentencing guidelines, the basic area (from June to June) of the first type of injury (the scope of recommended punishment).

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