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(영문) 서울북부지방법원 2021.03.31 2020고단4016

상해등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On March 22, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor by assault, etc. at the original branch of the Chuncheon District Court on November 2, 2018, and the execution of the sentence was terminated on November 2, 2018. On June 10, 2020, the Seoul Northern District Court sentenced one year of imprisonment with prison labor by assault, etc., and the said judgment became final and conclusive on June 18, 2020.

[Criminal facts]

1. On March 26, 2020, the injured Defendant was investigated as to whether the Defendant assaulted the victim on the street in front of the restaurant run by the victim D (54 aged) on the same day at the police box located in the Chungcheongbuk-gun B around 22:10 on March 26, 202, and whether “the Defendant was engaged in the Defendant’s illegal business.”

"Spits, spits or spits the victim's face once, the victim's head is tight once with an empty water disease (500ml), and when the victim's head is tight once in drinking, and the victim's injury was caused by a acute spite that requires treatment for a period of seven days.

2. On March 28, 2020, at around 20:45, the Defendant damaged the victim’s property by cutting off the victim’s “cafeteria” operated by the Victim F in Chungcheongnam-dong E, Chungcheongnam-do, Chungcheongnam-do, without any special reason, the Defendant destroyed the victim’s property by cutting off the victim’s “Ig, Chewing,” and cutting off 18 chemical parts of the market value owned by the victim, which was located in front of the restaurant, equivalent to the total market value of KRW 6.20,000,000 in total, and destroying the signboard, signboard, etc. at the market value of KRW 70,000,000 in total.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or F;

1. A written diagnosis of injury;

1. A report on the occurrence of an injury, an investigation report, a internal investigation report (including submission of a written estimate of damage), an investigation report (Attachment to a restaurant CCTV and a visual fix), and a internal investigation report (Attachment to a CCTV image attached within a C police box and to a closure of images);

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, investigation report (verification of criminal records of the same kind), personal confinement status, and previous convictions of each disposition shall be reported;