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(영문) 대전지방법원 2018.05.09 2017고단4915
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Damage to property;

A. On November 1, 2017, the Defendant: (a) destroyed and damaged, on the ground that the victim H was set up in front of the Seo-gu Daejeon Seo-gu Seoul Special Metropolitan Building, a banner that slanders the Defendant’s office head against I; (b) on the ground that the victim H was set up in front of the building, the Defendant 135,000 KRW 135,000 on the market price owned by the victim.

B. On November 1, 2017, the Defendant destroyed it by removing one banner equivalent to KRW 45,000 at the victim H’s market price on the grounds of the same reasons as the description in paragraph (a) of Article 1, on the street in front of the events held by theJ of Daejeon Pung-gu, Daejeon, Daejeon, on November 1, 201.

(c)

On November 8, 2017, the Defendant destroyed the L cafeteria located in Daejeon Seo-gu K, Daejeon, by removing one banner of the amount equivalent to 45,000 won at the market price owned by the victim H for the same reasons as the described in paragraph 1(a).

2. The Defendant, who suffered special injury, caused the injury to the victim, on the ground that he prevents the removal of a banner at the time, time, place, and at the victim H (math, 52 years old) from removing this banner, she saw the victim’s head at several times, which is a dangerous object located within the ridge of the victim’s vehicle. As the victim’s hand, which is a dangerous object continuously used in the Defendant’s hand, threatens the victim, and caused the victim’s injury, such as the dump, tension, tension, etc., which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to M and N;

1. Each statement of H;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) concerning the facts constituting an offense;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommended punishment] are general standards.

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