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(영문) 대구지방법원 경주지원 2013.09.16 2013고단471

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

On May 27, 2013, at around 20:40 on May 27, 2013, the Defendant: (a) provided a stop stop 10,000 won from the Defendant, such as the victim D (the age of 50); (b) requested the victim to return KRW 10,000 from the Defendant; (c) the victim refused the said request and attempted to flee; and (d) when the victim’s face is taken as a drinking house, the Defendant stop was inside the body of the days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. As to the Defendant’s assertion of suspended execution Article 62(1) of the Criminal Act (i.e., reflection and agreement with the victim), the Defendant asserts that the Defendant was in a state of mental and physical disability due to the continued exploitation at the time of the instant crime.

However, in light of the background, means and methods of the instant crime, the Defendant’s behavior before and after the instant crime, etc., which were acknowledged by the evidence revealed earlier, it is not recognized that the Defendant had weak the ability to discern things or make decisions, and thus, the foregoing assertion is rejected.

The Institute of Jind Co., Ltd.