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(영문) 대구지방법원 포항지원 2017.08.10 2017고단660

상해등

Text

A defendant shall be punished by imprisonment with prison labor 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 May 13, 2017, the injured Defendant: (a) discovered the victim B (the 26-year old age), who did not have any scopic formula on the roads front of the collapse site of the wall at the coastal road in the north-gu, North-gu, Mah-dong, Man-gu, Mapoon Park on May 13, 2017; (b) found the victim B (the 26-year old age), who was in the process of being scoped, and rejected the victim’s “copic defect at the late time” on the ground that the victim was refusing to “the cris at the late time,” but the victim’s face, head, and head, were scopic fry, and tried to take head, fright the body of the victim, and went into the sea, thereby causing injury to the victim, such as having to undergo medical treatment for about two weeks.

2. In order to prevent the victim from committing assaulting the victim at the above date, time, and place, and thereafter reporting to the police, the Defendant got effective by gathering one so-called Soviet mobile phone unit into the sea in the case of S7 lugal lux in the market price of 968,00 won owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. A report on internal investigation (attaching photographs, etc.);

1. Each injury diagnosis letter;

1. Application of the written estimate statutes;

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

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are the first crime (defensive) [the scope of recommending punishment] general injury category 1 (In April to one year and six months) in the basic area (the scope of recommending punishment) 2 that there is no person subject to special sentencing / [the scope of recommending punishment] general standard / [the scope of recommending punishment] / (4 to ten months), the basic area (including damage, etc.) of the type 1 (damage) in the basic area (the scope of recommending punishment] (4 to 10 months): The final sentencing scope due to multiple crimes / [the person subject to special sentencing] : April to 11 months [the decision of sentencing] of the defendant led to the confession of all the facts charged in this case, and the defendant was punished for the same kind of crime.