beta
(영문) 대전지방법원 2013.05.27 2013고단1068

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

Around December 15, 2009, the Defendant leased KRW 150,000,000 to the victim D (years 37) and died on or around July 2010 when the Defendant was unable to pay the principal, the Defendant demanded the payment of the principal to the victim D as the beneficiary of the above net C’s heir, but the said victim demanded the repayment of the principal to the victim D from time to time on the ground that the said victim did not pay the principal.

1. A violation of the Fair Debt Collection Practices Act (hereinafter “Fair Debt Collection Practices Act”) committed four times from July 2012 to September 23, 2012, including: (a) the Defendant had urged the victim to repay his/her debt; (b) around 03:00 on September 23, 2012, he/she collected money from the victim; and (c) had the victim’s face and body face from drinking in Seo-gu, Daejeon-gu Esing; and (d) had the victim taken part in his/her face and body face with approximately four weeks of medical treatment; and (e) assaulted the victim four times from around July 23, 2012 to around September 23, 2012 as indicated in the List of Offenses (1). The Defendant violated the Fair Debt Collection Practices Act (2).

2. The injured Defendant violated the Fair Debt Collection Practices Act as above, and at the same time inflicted each injury on the victim as indicated in Nos. 3 and 4 of the Crime List (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. A written diagnosis of injury;

1. Requests for cooperation with each investigation;

1. Application of Acts and subordinate statutes to a report on investigation (attached to a record / victim interview report on the results of interview with the victim / Attachment to a family relation certificate);

1. Articles 15 (1) and 9 (1) of the Act on the Fair Debt Collection under Relevant Provisions of the Criminal Act, Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The suspension of execution under Article 62(1) of the Criminal Act that the victim does not want the punishment against the defendant by mutual consent with the victim and the victim. < Amended by Presidential Decree No. 1457, Jul. 25, 1995>