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(영문) 대전지방법원 2016.09.21 2016고단2113
특수상해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 1, 2016, the Defendant damaged special property: (a) on July 1, 2016, the former wife E, divorced from the parking lot No. 209, Daejeon-dong, Daejeon-gu, Daejeon, on the ground that he/she was the victim D with the victim; and (b) on the ground that he/she was in a vehicle with the victim; and (c) on the golf bond, which is a dangerous object attached to the chief of the vehicle for repair.

By getting off the FF car owned by the victim five times in front of the passenger car, the car was damaged to be in excess of KRW 1,359,233 of the repair cost.

2. At the same time and at the same place as in the preceding paragraph, the Defendant suffered injury, such as a golf bond, which is a dangerous object to the victim D that the Defendant prevented the Defendant from damaging a car for the same reason, one time, one left-hand part, one time, and one head, the victim's right face by drinking, 6-7 times, and the victim's arms with his own arms, and 6-7 times, and the victim's arm's length was cut over, and the victim's body was cut over, "the defect" caused by the defect, and the victim's head was taken up at one time on the left-hand part, and the victim suffered injury, such as the victim's wife, the left-hand part, the back-hand part, the back-hand part, the side-hand part of the right-hand hand open part, and the part open to the right-hand hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of the Acts and subordinate statutes attached to a written diagnosis of injury, the victim and the damaged vehicle photograph, the investigation report - a repair estimate;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1), 366 of the Criminal Act that provides for the choice of punishment (a point of destroying special property, choice of imprisonment with prison labor), Articles 258-2(1) and 257(1) of the Criminal Act (a point of special injury);

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 fact that the sentencing of Article 62(1) of the Act on the Suspension of Execution is inappropriate in light of the Criminal Procedure and the fact that it is not agreed with the victim is unfavorable.

The defendant recognizes and reflects the crime, and the victim.

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