beta
(영문) 대전지방법원 천안지원 2017.04.13 2016고단2393

상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 18, 2016, the injured Defendant suffered injury to the victim D (25 years old) located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon on September 22, 2016, on the ground that the victim’s horse satis, who guide methods of drinking on food on the e-mail, would be bad, and the victim’s head satis, carried the victim’s head satis, carried the victim’s body head satis, carried the victim’s body twice with the hand satis, and caused injury to the victim, such as catum fat, which requires treatment for about 21 days.

2. In the process of assaulting the victim, driving away the victim, and taking a bath, the Defendant destroyed the goods worth KRW 27,100 in total, including approximately 118,10,000 in the market price, by breaking the display shampoo and shampoo, which are managed by the injured party, and by breaking the display shampoo and so on.

3. The defendant, at the time, at the place specified in the above-mentioned 1, suffered injury to the victim as stated in the above-mentioned 1, and 15 minutes after the victim took a bath, and talking out of the victim.

In addition, it interfered with the convenience store business of the victim by force by destroying and damaging the goods in the display stand, such as the above 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs related to the case;

1. A medical certificate of injury and a medical certificate;

1. Application of Acts and subordinate statutes on receipts for details of damaged articles;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act (the point of damage to property) and the choice of imprisonment with prison labor for the crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Criteria for sentencing:

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range);

(b) 2 offences (defence).