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(영문) 창원지방법원 거창지원 2017.05.19 2016고정63

상해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 28, 2015, at around 11:50, the Defendant: (a) expressed the victim’s desire to “D D D D Dda” accommodation located in Gohap-gun, Chungcheongnam-gun; (b) on the ground that the victim E (son, 41 years of age) received the advance payment from the Defendant, but intends to move to another workplace with multiples located in other regions; and (c) the victim expressed the victim’s desire to “I wish to pay back the amount of money that I would incur to I I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am the victim’s face with the Defendant’s hand who cited a passbook, and caused approximately one to two times the victim’s injury, such as the mouth, etc. of the bones, which requires treatment between 21 and two.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. E in the statement protocol of the police suspect against the defendant;

1. Each police statement made to E and F;

1. A medical certificate;

1. Investigation reports (Attachment of photographs and telephone conversations of the doctor of issuance of a medical certificate) (The victim E's statement in an investigative agency is consistent, the circumstances in which the victim E suffers an injury from the defendant, and the part concerning the injury, are specifically stated, and such report is consistent with the photographic image taken by the victim and it can be sufficiently reliable;

In addition, comprehensively taking account of other evidence submitted by the prosecutor, such as a medical certificate issued by one doctor, it may be sufficiently recognized that the defendant has inflicted injury on the victim at least in the course of driving the victim.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Fine of 500,000 won to be suspended; and

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

1. Article 59 (1) of the Criminal Act (including the fact that the degree of injury is not large and that the defendant commits a crime by contingency) of the suspended sentence;