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(영문) 대전지방법원 2016.06.30 2015고단4039

상해등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On November 2, 2015, the Defendant: (a) at the 1st floor of D public bath C located in Daejeon Pungdong-gu Daejeon on the ground that the attitude of the victim E (60 years of age) who is an employee is not attributable to his mind; (b) enter the seat of the carter in which the victim E and flaps are shakened; (c) collect a bicycle model attached on the part of the victim E at that place; (d) display the victim E to the victim E; and (e) put the chest part of the victim F (42 years of age) who said model was put in a bluter; and (e) put the victim E into a blue part of the chest part of the victim F (42 years of age); (e) put the victim E in a blue room where approximately two weeks of treatment is required; and (e) inflict injury on the victim F for about two weeks of treatment.

2. The Defendant damaged property by breaking the iron model model that is equivalent to 119,000 won in the market price owned by the victim G located beside the victim E at the time and place specified in paragraph 1, as mentioned above, and then destroying the bicycle in the same place.

3. The Defendant interfered with the duties of the Defendant interfered with the victim E, an employee of the public bath by force by preventing customers from entering the said public bath as described in paragraphs (1) and (2) by avoiding the disturbance, at the time and place described in paragraph (1).

Summary of Evidence

1. Statement by the defendant on the fourth public trial date;

1. Legal statement of witness E;

1. Each police statement with respect to E, F, and F;

1. Reporting on the arrest of the case;

1. A criminal investigation report (as to the attachment ofCCTV), a criminal investigation report (to hear a suspect E phone statement), a criminal investigation report (as to the circumstances in which the victim E suffered a loss) and a criminal investigation report;

1. A certificate of business report;

1. A written diagnosis of injury;

1. Written estimate;

1. The CD (D);

1. Application of Acts and subordinate statutes to field and damaged photographs, damaged photographs, and CCTV photographs;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment with prison labor), Article 314 (1) of the Criminal Act (the point of interfering with business and the choice of imprisonment with prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.