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(영문) 의정부지방법원 2019.03.12 2018고단4689
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for six 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. Around 22:30 on August 20, 2017, the Defendant jointly with B, who reported the Defendant in the territory of Vietnam-si, the victim D (60 years of age) at the residence of the victim D (60) located in Vietnam-si, B, and caused the Defendant to inflict a bodily injury upon the Defendant by putting the victim into a wharf where he was going through the mouth and her walked, and she was frighted to the body of the victim at the time of her head.

Accordingly, the defendant, together with B, injured the victim.

2. The sole criminal defendant damaged the victim’s property by taking out Samsung Industries, the market value of which is equivalent to KRW 1,200,000,000, when the victim was at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes to the Nowon-do photograph and the damaged part photograph;

1. Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury, the choice of imprisonment), Article 366 of the Criminal Act (the point of causing damage to property and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments for two crimes);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences under law: Imprisonment for one month to six months; and

2. Scope of recommendations based on the sentencing criteria: Imprisonment for two months to one month.

(a) Type 1 (Extent of Recommendation) general injury (Extent of General Bodily Injury) area (two to ten months) (including specially mitigated persons), the area of mitigation of punishment is not subject to punishment (including serious efforts to recover damage);

B. The scope of final sentence due to the aggravation of multiple crimes (including serious efforts to recover damage) of the mitigated area (i.e., one month or six months) (i., one month or six months) (ii) the mitigation area (i.e., a special mitigation), and (ii) the aggravation of punishment (including a serious effort to recover damage): February or January.

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