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(영문) 대구지방법원 2017.01.25 2016고정1129

폭행치상등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not undermine the defendant's right of defense.

[criminal history] On August 11, 2016, the Defendant was sentenced to a suspended sentence of four months for a violation of road traffic law (unlicensed driving) at the Daegu District Court, and the judgment became final and conclusive on the 19th day of the same month.

[Criminal facts] The defendant is a person who runs a building business.

1. On January 3, 2016, around 18:57, the Defendant: (a) sought the victim D (64 tax) from the Daegu Northern-gu, Daegu Northern-gu, Daegu-gu, to find the victim’s house in order to order the victim’s complaint against the Defendant by fraud.

The Defendant opened a gate in the entrance of the third floor building owned by the victim, and opened up to the stairs located in the second floor area, and intruded upon the victim’s dwelling against the victim’s explicit intent.

2. The Defendant injured the Defendant discovered himself who was going up to the stairs, such as paragraph 1, and went out of the defective gate, to the police.

The defendant brought a complaint with the police station where the victim went out of the main gate and gets himself/herself.

"The victim was suffering from intrusion," and "the victim reported to the police due to intrusion upon residence," and the victim did not knife the victim's knife and knife the victim's knife who was suffering from the victim's knife and did not remove the victim's knife and knife the victim's knife.

As a result, the defendant suffered injury on the left-hand eyebrow in need of two weeks of treatment.

Summary of Evidence

1. Part of the defendant's legal statements;

1. Legal statement of the witness D;

1. A report on internal investigation, photograph, diagnostic certificate of injury, recording document, and a list of the details of processing of reported cases;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, and the application of the provisions of the Acts and subordinate statutes of the Daegu District Court Decision 2016 Height 2490;

1. Article 319(1) of the Criminal Act applicable to the crime and Article 319(1) of the option of criminal punishment (the occupation of intrusion upon residence), Articles 262, 260(1), and 257 of the Criminal Act.