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(영문) 광주지방법원 2020.05.14 2019고단5561

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. Around July 18, 2019, the Defendant suffered special injury: (a) collected beer disease, which is a dangerous object for the reason that the victim C (the age of 54) passed with D, the front wife of the Defendant; (b) collected beer disease, which is a dangerous object for the reason that the victim C (the age of 54) met with D; and (c) met the victim’s head; and (d) made the victim’s escape from the above main shop one time to drink the victim’s face before the victim’s escape.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as a peltos, in need of treatment for about three weeks.

2. A person who intends to carry on construction business violating the Framework Act on the Construction Industry shall file for registration with the Minister of Land, Infrastructure and Transport;

Around August 20, 2019 without registration of a specialized construction business, the Defendant entered into a remodeling construction contract with the estimated amount of KRW 52 million for 20,300,000 among the three-story buildings owned by E located in Dong-gu, E, Dong-gu. From August 26, 2019 to September 28, 2019, the Defendant carried out interior construction works by performing construction works, such as windows and glass works, flood control and storage works, waterproof works, stone works, painting, painting and painting works, etc. in the building.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. G statements;

1. Written estimate or business registration certificate;

1. A medical certificate of injury, etc.;

1. Application of CCTV image display-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) of the Criminal Act that prescribes the choice of punishment, and Articles 95 (1) and 9 (1) of the Framework Act on the Construction Industry;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant agrees smoothly with the victim of the crime of special injury, the victim does not want the punishment of the defendant, the defendant has no record of committing the same crime as that of each of the crimes in this case, and the defendant commits his fault against himself.