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(영문) 대구지방법원 포항지원 2019.01.10 2018고단779

상해

Text

A defendant shall be punished by imprisonment for four 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

At around 23:00 on December 4, 2017, the Defendant, on the ground that the Victim E (52 years of age) was forced to change the victim’s left shoulder, and 3.6 million won, she suffered bodily injury, such as the following and the pelvis, where the number of days of treatment cannot be known to the victim, on the ground that the Defendant was forced to change the victim’s wages to 3.6 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E, F and G;

1. Application of Acts and subordinate statutes to a medical certificate (record 29 pages), emergency medical service log, first diagnosis log of an emergency center, and nursing recordbook;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative imprisonment with labor (with regard to the fact that there are a considerable number of criminal records subject to punishment due to imprisonment with labor, suspension of execution, fines, etc., including criminal records of the same kind of crime, and that the victim fails to recover

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the degree of injury to a victim caused by a crime of the accused is unclear, that the victim has not