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(영문) 의정부지방법원 2016.09.29 2016고정914

재물손괴등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. A property damage: (a) around 14:45 on January 3, 2016, at the “D cafeteria” operated by the Defendant in Yangju-si, the Defendant: (b) brought the victim E desire; and (c) was fluored on the breast and neck part of the Defendant’s business establishment owned by the victim on a one-time basis, thereby causing KRW 50,00 of the repair cost by walking the Kim Fed Kim at the victim’s business establishment.

2. The injured Defendant, at the same time and place as Paragraph 1, 200, got together with the victim E, and turned out more than by an influence method, led the victim to an injury on the left-hand side, which requires two weeks of treatment. The Defendant sustained an injury on the left-hand side in need of two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. On-site photographic images (the defendant and his defense counsel asserted that the defendant did not fall into the victim's salphers by damaging the victim's interest.

In light of the circumstances acknowledged by the evidence in the judgment, i.e., the victim consistently made a statement from the police to the police to the point that the victim got far away from the left side of the victim by going beyond the victim by an influoral means, the victim reported the defendant to the police immediately after the instant case, the victim was issued a written diagnosis at the hospital, the victim was issued with the victim's statement, and the victim's injury and degree correspond to the victim's statement, and the defendant also accepted the victim's personal injury. As such, this part of the charges is recognized.

Application of Statutes

1. Relevant Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, the selection of fines for a crime;

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

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (the suspended sentence) of the suspended sentence;