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(영문) 대구지방법원 2017.07.13 2017고단1946
특수상해등
Text

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

The Defendant, on February 5, 2017, at around 03:55, at the second floor of the Daegu-gu Seoul-gu Seoul-gu C cafeteria, the Defendant: (a) shouldered a beer’s disease on which the Victim E might disregard the Defendant; and (b) did not know that the Defendant would be bad for the Defendant.

The Defendant, at around 22:30 on September 27, 2016, ordered the victim H, who is an employee of the said main office, to engage in an injury, such as salt pans, tensions, etc., that requires approximately two weeks of treatment. The Defendant, at around 2017, ordered the victim H, who is an employee of the said main office, of KRW 540,00 in total at the market price, to engage in an act as if he would pay a normal drinking value.

However, the defendant did not have the intention or ability to pay the price even if he received the alcohol from the injured party.

Defendant deceiving the victim as above and received from the injured party property amounting to KRW 540,000 at the market price, namely, from the injured party.

Summary of Evidence

"2017 Highest 1946"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of E and I;

1. A medical certificate;

1. A report on dispatch to the scene of the assaulted incident – Audio of breadthed damage, internal investigation report (Attachment of screen pictures) -CCTV image, internal investigation report (Attachment of screen pictures) - Macer’s photograph "2017 Gool 2794";

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against J;

1. Statement made by the police with H;

1. A H statement;

1. Application of Acts and subordinate statutes on orders;

1. Relevant legal provisions of the Criminal Act, Articles 258-2(1), 257(1) (a) and 347(1) (a) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment 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 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Legal provisions;

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