(영문) 전주지방법원 군산지원 2014.03.27 2013고단1566



A defendant shall be punished by imprisonment for six months.

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


Punishment of the crime

1. On September 24, 2013, around 04:15, the Defendant: (a) reported that D, who works in front of the Yansan City B, performed trial expenses on the road in front of the Yansan City B, due to the victim E (36 years of age) and parking problems; (b) caused bodily injury, such as dynasium, dynasium, tension, etc. of the bones, which requires approximately seven days of treatment to the victim’s left side, by taking two times into the victim’s buck.

2. The Defendant damaged the property by leaving the victim’s face at the same time and at the same time as the preceding paragraph, 15,000 won of the market price, which is the victim’s possession, on the top of the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against D or F;

1. Statement of prosecutorial statement concerning E;

1. Statement of the police statement of E;

1. A photograph of damage, a written diagnosis of injury, and a receipt;

1. Application of the Acts and subordinate statutes to report an investigation (to listen to the statements of a victim, to listen to the statements of witnesses, to listen to the hearings and to video records);

1. Relevant Articles 257 (1) and 366 of the Criminal Act concerning the facts constituting an offense. Article 257 (Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Special Considerations as well as the following favorable circumstances):

1. The defendant, for the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act, committed the crime of this case again despite the past record of having been sentenced to three times of imprisonment with prison labor and three times of fine by violence. Since the punishment of imprisonment with prison labor for the defendant is inevitable because of the need for a serious punishment of repeated violence, the sentence of imprisonment with prison labor for the defendant is inevitable. However, considering the fact that the defendant recognized the crime and is divided, and that the damage from the injury and damage of this case is not significant, the execution of the sentence shall be suspended, and the sentence shall be determined as per the order