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(영문) 대구지방법원 2018.05.11 2018고단178
상해등
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

1. On December 4, 2017, the Defendant damaged property: (a) while drinking alcohol at the victim D’s house located in Daegu Suwon-gu, Daegu-gu, about 23:00, while drinking alcohol together; (b) having a dispute with the victim D, he/she left the wall of the victim’s market price of which is equivalent to KRW 50,00,000, and was accompanied by an over-face depositor equivalent to KRW 40,000,000, market price.

2. The injured Defendant: (a) while having been in dispute as above at the above time and at the above place, laid the Victim D(38) over the floor by pushing the Victim D; (b) sealed it on the floor by putting the head fright up on the body; and (c) sealed the chest on the floor by drinking the chest several times; and (d) applied a shoulder part that could not be known during the treatment period of the shoulder and ear.

3. The Defendant was demanded by the police officer E and F to present his identification card along with questioning about the situation of the instant case, who was called out after receiving 112 reports at the same place around 23:50 on the same day.

The Defendant, “Choe, Scar, I expressed my desire to be “,” and went beyond the next floor due to the birth of E.

The defendant continued to see the face of the F, which is frightened by the body of the defendant, and shicked up to the pushed bed.

As a result, the Defendant interfered with the legitimate performance of duties by police officers with regard to 112 reporting processing, etc., and at the same time, the Defendant inflicted an injury on the victim F (F) such as salt, tensions, etc. requiring approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense; Article 257 (1) of the Criminal Act; Article 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 degree of violence that has exercised the reason for sentencing under Article 62-2 of the Criminal Code of the community service order is not somewhat weak.

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