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(영문) 인천지방법원 2013.10.01 2013고단4580

상해등

Text

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.

Reasons

Punishment of the crime

On September 2, 2011, the Defendant was sentenced to a fine of KRW 700,00 by the Incheon District Court for the crime of injury, and was sentenced to a fine of KRW 1.5 million by the Incheon District Court on June 29, 2012, and was sentenced to a fine of KRW 1.5 million by the Incheon District Court on October 19, 2012.

1. On May 25, 2013, the Defendant: (a) destroyed the entrance door of the victim D (at around 23:30, 43 years old), which was located in the Suwon-si flooded Area C, on the ground that the victim kids down the entrance before the residence of the victim D (at around 43 years old), and caused the damage of the entrance from the market price by emitting the entrance door.

2. In the event that the Defendant was living in and injured at the above time and place, the Defendant intruded the victim’s residence through the above entrance to the inner room where the victim was divingd, and the Defendant inflicted an injury on the victim, i.e., inside the left part of the body of the victim, where the victim was frighted for about 14 days, with sound, i.e., “F., f., f., f., e., f., f., f., f., f., f., f., f., f., f., f.,” and f., g.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant entered the victim's residence and inflicted an injury on the victim, and that the defendant has a record of being punished for the same kind of crime, etc., the nature of the crime is not less severe, but more favorable circumstances such as the victim's degree of injury is not much severe, and the defendant's motive and circumstance of the crime in this case, and after the crime is committed.