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(영문) 서울동부지방법원 2014.06.26 2014고단994
상해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 April 5, 2014, around 03:30 on April 5, 2014, the injured Defendant moved the victim D (n, 53 years of age) in Songpa-gu Seoul, to a toilet while under the influence of alcohol from “E main store” to a toilet, and accordingly, the Defendant saw the victim’s left growth, etc., where the victim was released from the victim, and collected the beer in that place, and the victim’s face and head were collected on one occasion, and led the victim to multiple accounts, etc. requiring approximately three weeks of medical treatment.

2. The Defendant caused the damage to property by gathering one hot blast equivalent to KRW 60,00,00, the market price of which is equivalent to KRW 29,000, the victim-owned one at the time and place specified in Paragraph 1, on the same ground as the date and place specified in Paragraph 1, and had a department take up one hot blast equivalent to KRW 80,00, the market price of which is equivalent to KRW 80,00, the market price of which is equivalent to KRW 7,000, a water reservoir equivalent to KRW 7,000, a beer of the market price of which is equivalent to KRW 70

Accordingly, the defendant damaged the victim's property equivalent to the market price of 398,900 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

1. Articles 257 (1) and 366 of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommendation] general injury (the range of punishment) is mitigated (two to one year) category (the two-one year period) (the two-one year period) (the crime of injury and the crime of causing property damage in relation to concurrent crimes under the former part of Article 37 of the Criminal Act is not set in the sentencing guidelines. Therefore, the lower limit is based on the lower limit of the sentencing range in the sentencing guidelines for the crime of causing damage set forth in the sentencing guidelines), where punishment is not imposed (including any effort to recover damage), or considerable damage is recovered (the decision of sentence]. The crime of this case is the victim's face, etc. by the defendant being scambling while being scling while being being scamed by the defendant in the alcohol.

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