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(영문) 대전지방법원 2017.01.11 2016고단3129

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

The defendant is a company member.

1. On July 12, 2016, the Defendant opened a door in order to receive 1.2 million won a deposit for a part of the lease deposit that was not returned from the injured party, before the third floor of the building where the victim D (Woo, 51 years old) located in the Seongbuk-gu Daejeon Seo-gu Seoul (hereinafter referred to as the “victim”) located in the third floor of the building where the Defendant was located, but no longer a machine was opened by putting the personal phone amounting to 160,000 won in his/her own possession on his/her hand, and damaged it.

2. The Defendant followed the sound of the victim, and followed up to the second floor of the victim, the Defendant saw the victim’s face to be taken by drinking in several times, and laid down a pelto, which requires approximately four weeks of medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness D and E;

1. Photographs;

1. A written diagnosis of injury;

1. Application of the statute to the person’s photo and written estimate (the Defendant denies the damaged part of the property, but the Defendant is sufficiently recognized based on the above evidence)

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order and Article 62-2 of the Criminal Act: The degree of injury to the victim is the case where the victim was injured for about four weeks of medical treatment, the circumstances favorable to the point that it is not agreed with the victim: there is no record of the same crime; the injured part is led to the crime; the injured part is led to the confession of the crime; the injured part is deposited for the victim: The decision of the sentence that deposited KRW 2 million for the victim is different from the above circumstances: the defendant's age, sex, environment, motive, means and consequence of the crime; various sentencing conditions specified in the arguments of this case, including