(영문) 대구지방법원 포항지원 2016.05.12 2006고단155



A defendant shall be punished by imprisonment for two years.


Punishment of the crime

On October 2, 2005, the Defendant entered a dispute with the victim C about 105 dong 507, Nam-gu, Nam-gu, 2005 about 11:00, with a view to the radio use of the victim C, the Defendant brought about the victim’s shoulder, light, etc., with a net value ( approximately 30 cm in length, approximately 2 cm in diameter) which is an object dangerous to the victim’s desire due to the defect, and the Defendant brought about the victim for approximately 6 weeks of medical treatment on several occasions.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to request cooperation in business affairs (related to the issuance of a medical certificate);

1. The reason for sentencing under Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts lies in the following: (a) although the defendant attempted to commit a crime, such as taking the victim’s desire first to commit the crime; (b) however, the case requires strict punishment in light of the following: (c) the content and method of the crime; (d) the risk of appearance and appearance; (d) the agreement or failure to repay the damage; and (e) the defendant intentionally attempted to escape criminal liability by intentionally deeming that he/she had concealed his/her whereabouts after committing the crime by a foreigner of Vietnam, who is an alien of his/her nationality, and intentionally attempted to escape criminal liability.

Specifically, in determining punishment, various factors of sentencing indicated in the records, such as the defendant's age, sex, environment, and circumstances before and after the crime, are considered in addition to the above circumstances.