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(영문) 춘천지방법원 원주지원 2021.01.14 2020고단540
상해등
Text

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

Reasons

Punishment of the crime

[criminal history] On March 14, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of destroying special property in the Family Court of Daegu, Daegu, and completed the execution of the sentence in the Daegu prison on July 6, 2019.

[Criminal facts]

1. On May 5, 2020, the Defendant: (a) around 10:10 on the 10th day of Won-si, a D that D that D that D that D is operated by the victim C (V) to stop a vehicle by blocking the vehicle without any justifiable reason; (b) the Defendant: (c) the Defendant: (d) caused the vehicle to the driver’s seat by driving the vehicle by drinking the vehicle; (d) caused the driver’s seat to the driver’s seat in the direction outside 2-3 times; and (e) damaged the vehicle owned by the victim by hand so that the amount of repair costs equivalent to KRW 964,083 of the market price is increased; and (e) the driver’s seat is damaged.

2. In the same time, at the same place as indicated in the above paragraph 1, and as indicated in the above paragraph 1, the injured Defendant suffered bodily injury from two sides, such as the victim’s face side, which requires approximately two weeks of treatment, by knife, so that the injured person who damaged the victim’s vehicle owned by the victim C may lose his/her vehicle and prevent the Defendant from spreading the door of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the scene of police statements made to C by the police, the vehicle affected by the victim, a diagnosis report of the damaged body, and a written estimate (related to the reporter's telephone call);

1. Previous convictions: A reply to inquiry, such as criminal history, report on investigation (the confirmation of the principal crime during the period of repeated crimes against the suspect), relevant written judgments, and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [for example, favorable circumstances] are against the Defendant.

[Unfavorable circumstances] The Defendant was subject to criminal punishment on several occasions for the same kind of crime.

The defendant is guilty of the same crime.

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