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(영문) 청주지방법원 제천지원 2013.12.26 2013고단792

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

1. The defendant is a homeland reserve member.

No one shall file a report under the Resident Registration Act without justifiable grounds in order to prevent the delivery of a notice of call-up for training of homeland reserve forces members, or file a false report and cancel the resident registration or make his/her domicile registered.

Nevertheless, the Defendant, on July 2012, decided to move in the C Apartment 1 and 403, but moved to another area without any occupancy, failed to move in the said 403 to a new address without any justifiable reason, thereby making a move-in report to a new address without any justifiable reason. In March 28, 2013, the Defendant registered the domicile of a person of unknown domicile ex officio.

2. On October 13, 2013, the Defendant: around 04:20 on October 13, 2013, at an excessive bridge located in the Dong-dong, the Defendant: (a) misleads the Defendant’s old peter victim D (38 years of age) who was traveling along the Defendant’s car to interview another male; and (b) made the victim’s oral dispute with the other male; (c) made the victim get off the vehicle; (d) 10 times the head of the victim’s head was 10 times in drinking; (d) walk the victim’s side gul on one occasion in drinking; and (e) took the victim’s head five times in drinking.

As a result, the Defendant brought the victim with salt, saves, saves, etc. in need of treatment for about 18 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to criminal facts confirmation, notice of call-up, a certified copy or abstract of resident registration, homeland reserve forces formation card, and injury diagnosis certificate (D);

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime (the point of injury), Articles 15 (2) and 6-2 of the Establishment of Homeland Reserve Forces Act, Article 10 of the Resident Registration Act (the point where a notice of call-up is made unknown in order to prevent delivery of it), and the choice of imprisonment with prison labor;

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

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

1. Social service business under Article 62-2 of the Criminal Act;