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(영문) 대전지방법원 공주지원 2018.02.09 2017고단106

무고등

Text

A defendant shall be punished by imprisonment for one year.

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

On August 28, 2017, the Defendant: (a) around 21:45 on August 28, 2017, at the center of Chungcheong-gun, Chungcheongnam-gun, Cheongyang city bus terminal, and (b) on the road, the Defendant committed an injury to the victim C (39 years) of a dangerous object stored in the Defendant’s vehicle on the ground that the Defendant acted without any lusation of the victim C (49 years of age) by taking the head and husation of the victim; (b) the head and lusation of the victim; (c) the victim’s timber mons (1m in length); (d) the victim’s flusing the victim’s neck; and (d) the victim flusing the victim’s inside and outside of the victim; and (d) the victim suffered an injury on the left side of the upper part of the victim, which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D or C;

1. Each report on investigation;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs, one CCTV CD on the face of a suspect's assault, and one CCTV image output photograph;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in the same criminal record, and even though the defendant was under criminal trial, the victim's hair and brusium, which is a dangerous object, could bring about a serious result. Thus, a serious punishment is required due to poor quality of the crime.

However, it shall be taken into account the fact that the defendant is led to confession, is in depth, and is not serious, and is agreed with the victim.

In this context, the defendant's age, sex, occupation, family environment, background of the crime, circumstances after the crime, etc. are determined in consideration of various circumstances.

The acquittal portion

1. "2017 Highest 106 Highest 106" in the facts charged;

A. On January 3, 2016, the Defendant: (a) at the Defendant’s house located in Boyang-gun E, the police officer F, for the purpose of having the F, who is a police officer, receive criminal or disciplinary punishment or disciplinary action; (b) the police officer, who was a police officer, was on December 22, 2015 and was aboard and returning a patrol vehicle, and was on duty and was on duty, and the police officer was on duty.