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(영문) 인천지방법원 2016.05.20 2016고단2235
상해등
Text

A defendant shall be punished by imprisonment for six 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

From December 2014, the Defendant had been harming the Victim C (V, 26 years of age) from around December 2014.

1. In the case of the injured Defendant, at around 19:15 on April 13, 2016, at the victim’s house located in the Namdong-gu Incheon Metropolitan City and 302 on April 13, 201, the injured Defendant considered the victim as the Hague

On the ground of the fact that the victim's statement was made in his hand at one time, and the victim's cell phone was deducted from the victim's defect who tried to report his/her cell phone to the police, and the victim spits the victim's spit, spits the face, and spits the victim's face into the victim's face, and suffered the victim's 14-day medical treatment by drinking, damage the victim's spit, etc.

2. 재물 손괴 피고인은 위 일시, 장소에서 피해 자가 피해자의 어머니와 휴대전화로 통화를 하면서 피고인에 대한 말을 하는 것을 듣고, 기분이 나쁘다는 이유로 주먹으로 방안에 설치된 형광등 스위치를 세게 치고, 밥상을 세게 내리쳐 피해자 소유의 형광등 스위치, 밥상을 부숴 수리비 미상이 들도록 손괴하였다.

3. A special intimidation Defendant: (a) while having been in dispute with the victim at the above time, at the above time, at the above place, he saw the kitchen knife (18cm in the blade, 30cm in the total length) which is a dangerous thing that the victim was in dispute with the victim; (b) taken the kitchen knife (18cm in the knife, 30cm in the knife); (c) taken the kitchen knife, and

The victim threatened the victim by stating that he/she would be dead.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution against C;

1. Statement made by the police with regard to C;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257(1) of the Criminal Act applicable to the crime, 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), Articles 284 and 283(1) of the Criminal Act (special intimidation).

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