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(영문) 대구지방법원 포항지원 2016.08.24 2016고단466

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as F’s children, the owner of a part of the “E” in the “E” operation of the Victim D in North Korea-gu, Mapo-si, Mapo-si, at the early 2015, experienced conflicts with the victim by opposing the construction of the above “E” funeral ceremony and posting banners.

On November 5, 2015, at around 08:49, the Defendant, at the entrance of the above “E”, inflicted injury on the victim D's chest part of the victim D, demanding the victim to park a vehicle parked in one’s own car with the entrance blocking a part of the entrance of the said “E”, by pushing the victim over the floor by hand, thereby damaging the victim’s chest part of the victim’s chest part, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement of the police statement related to G;

1. A medical certificate;

1. CDA images;

1. Application of Acts and subordinate statutes to investigation reports (such as CCTV images and CD attachment);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] General In the event that an intentional bodily injury is committed in the basic area (4 months to one year and six months) (special mitigation (special mitigation)] / In the event that an intentional injury is committed in negligence, the sentence shall be determined as ordered by taking full account of the following circumstances and other various sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc.

A favorable circumstances: A deposit for the victim, the fact that it is an contingent crime, and the fact that there is no record of criminal punishment exceeding a fine: A minor dispute due to parking problems is serious in the degree of injury that a female victim inflicted an injury on the victim by cutting the 12 caution in excess of the concrete floor, the two times of violent crimes, and the victim's children and children even after the crime of this case have been committed again.