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(영문) 대구지방법원 포항지원 2018.03.22 2017고단1613
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On October 18, 2017, the Defendant: (a) sought the victim C’s main points in the operation of the victim C in North-gu, North-si, Mapo-si, Mapo-si; (b) took a bath at a large rate without any particular reason; and (c) destroyed by putting one chair between the victim’s ownership price of plastics equivalent to KRW 7,000, the market price of which is equivalent to KRW 50,000, and one plastic gambling room at an electricity column equivalent to KRW 1,500, the market price of the victim’s ownership.

2. The Defendant, at the time and place specified in the above paragraph 1, was a victim E (the 28-year-old) who was an employee of the Defendant, and was trying to restrain the Defendant from doing so, and the Defendant, who was a dangerous object on the floor of the instant location, laid down the plastic stuff, which is a dangerous object on the floor of the instant location, so that the Defendant was unfolding the victim’s buckbucks so that the Defendant bucked up the plastic stuff, so that the Defendant bucked up the victim’s buckbucks.

Accordingly, the defendant carried dangerous things and carried a bridge part where the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes to report internal investigation (as to attaching on-site photographs), investigation report (as to the price of the goods damaged by the person under investigation);

1. Relevant legal provisions concerning facts constituting an offense and the point of destroying or damaging property selected for a penalty: Article 366 of the Criminal Act (Selection of Imprisonment): Articles 258-2 (1) and 257 (1) of the Criminal Act;

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. The circumstances that are unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, namely, the punishment, suspension of execution, etc., were committed without being among the persons despite the past record of the same kind of crime. In light of the Defendant’s behavior revealed through the instant crime, the quality of the crime is not less severe, i.e., an agreement with the victims, that is, a special injury crime.

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