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(영문) 대전지방법원 홍성지원 2015.07.02 2015고합28

상해등

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 10, 2015, the Defendant: (a) around 23:00, around the “EM store” calculated by the victim D (the 30-year-old age), who was under the influence of alcohol, boomed the time room for the customers who were tryed to be considered; (b) the Defendant clicked the victim F (the 39-year-old age-old age-old) with the victim’s click at one time with the victim’s hand, plicked the victim’s arms, etc.; and (c) caused the victim’s body to go beyond the victim D with the victim’s car, thereby facing the loss.

In the end, the Defendant brought about approximately two weeks of medical treatment to the victim F, and brought about the victim D with an open top of the following bridge.

2. A violation of the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) came to know of the fact that the Defendant filed a complaint with the Defendant that the victim D suffered injury as above, the Defendant sent a message to the Defendant’s cell phone (I) via the Defendant’s cell phone (H) via the Defendant’s cell phone (Kakao), which was installed in the Defendant’s cell phone (H) for the purpose of retaliationing the said complaint at around 11:57, Feb. 5, 2015, and threatened the victim by sending a message to the effect that “I will know that I will know that I will leave the front and their parents of the phone” over a total of 20 times from the next day to the next 15:24, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F (Evidence Nos. 4, 5, 10);

1. An investigation report (Attachment to DKakao Stockholm messages);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to Kakao photographs;

1. Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment), Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act concerning the crime (the point of intimidation for the purpose of return);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;