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(영문) 대구지방법원 2017.09.28 2017고단4370
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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 July 2016, the Defendant was the victim C (V, 42 years of age) and the person who was hedging with the victim around July 2017.

1. Around 17:00 on April 30, 2017, the Defendant: (a) listened to the victim’s speech that he/she had difficulty in living with the victim while drinking alcohol from the victim in the Daegu Northern-gu D’s residence; and (b) the victim said that he/she “I would like to make it possible for the victim to live with his/her golf course customers; and (c) whether the victim “I would like to do so.”

“As a result of hearing the claim, the Plaintiff was suffering from an empty small-scale disease, which is an object dangerous to the victim of the instant accident, and caused the spread to the victim’s outbreak, etc., thereby causing approximately two weeks of treatment to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. On January 23, 2017, the Defendant: (a) heard the horses from the victims of damage to the Furine Ma in Daegu Northern-gu, Daegu-gu, Seoul-gu, about 12:00, that “It is difficult to comply with this only, and see it too much; and (b) whether the victims of damage to property “Nura did not do so.”

“Along with the fact that the market value of the victim, which is equivalent to KRW 150,00,00, was broken up on the floor, the victim’s cell phone was destroyed, and the victim’s use of the victim’s property was 4 times in total from that time to July 26, 2017, as indicated in the list of crimes.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (Confirmation of the victim's counterpart criminal intent and re-specific within the scope of damage from mobile phones);

1. A medical certificate;

1. Application of a written estimate or a statement of damage to a mobile phone;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1) and 257 (1) of the Criminal Act (a point of special injury) concerning facts constituting an offense, and Article 366 of the Criminal Act (a point of damage to property and choice of imprisonment, respectively);

1. The former part of Article 37 of the Criminal Code, and Article 38.

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