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(영문) 대구지방법원 김천지원 2016.05.19 2016고단196
상해등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 11, 2016, the Defendant: (a) around Kimcheon-si, Kimcheon-si, the Defendant: (b) reported that the Defendant parked a motor vehicle with the highest typoid in D, the victim C (n, 51 years old) who was not a usual appraisal (n, e.g., the Defendant was parked in the vehicle; (c) did not get off the vehicle; (d) however, the Defendant did not get off the vehicle; (e) was a dangerous object at the vehicle; and (e) was a tree-lopped camping net with the front glass and left door of the said vehicle several times so that the repair cost would amount to KRW 300,000.

2. The injured Defendant shall open a door of the vehicle at the time, at the location, and at the location of paragraph 1, and shall have the victim exposed to and from the vehicle “this year.”

“The victim took a bath to “,” and had the victim go on three occasions, and had the victim go on the front light that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs;

1. Application of Acts and subordinate statutes to internal investigation reports and investigation reports (a receipt for the submission of a victim, a receipt for the submission of a victim, a written diagnosis of the victim, and a witness's counter investigation);

1. Relevant legal provisions concerning facts constituting an offense, Article 257(1) of the Criminal Act (the point of injury), Articles 369(1) and 366 of the Criminal Act (the point of damage) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe injury) shall be applied to concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

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

1. Imprisonment with prison labor for a period of one month to ten years from the date on which the punishment is imposed by law;

2. Application of the sentencing criteria;

(a) Type 1 (Habitual, repeated, special damage, etc.) (Scope of recommended punishment) (Scope of punishment) / From August to June (basic area) / From June (basic area)

(b) Class 1 (General Sentencing) (Special Sentencing) of the Act on the Punishment, etc. of Bodily Injury (Determination of Type): Minor Bodily Injury (Scope of Recommendation) from 2 months to 1 year (Mitigation of Reduction)

(c)an aggravated end;

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