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(영문) 대전지방법원 천안지원 2018.04.26 2017고단2871
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 20, 2017, around 21:05, the Defendant: (a) removed D apartment 103 Dong 1213, the house of the victim C located in Asan-si, Asan-si, from the front corridor of 1213 Dong 103, the Defendant destroyed the Defendant’s property by breaking the amount equivalent to KRW 40,000 at the window market price of the victim’s crime prevention window owned by the victim in his/her hand without any reason; and (b) laid down the brick, which is a dangerous object on the floor, which is a wall that was located on the floor, the Defendant destroyed the Defendant’s property by cutting down the entrance door owned by the victim

2. On October 20, 2017, the Defendant: (a) 11:21:30, on the ground that: (b) the Defendant: (c) 103-dong 103, an Asan-si Do apartment 103 police box, sent out after receiving a report as prescribed in paragraph 1; and (d) the Victim F (33) was asked to inquire the Defendant’s pro-Japanese G on the Defendant’s personal information; (b) 1:3, the Defendant expressed a desire to “Is, spaths, and spaths to go on; and (c) 2: (d) once a week treatment for the victim was required; and (e) once a day, the victim was frighted to the victim, etc. for approximately two weeks treatment.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning suppression and investigation, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of C and H;

1. A damaged photograph;

1. 112 Declarations;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 257 (1) of the Criminal Act (the point of injury), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

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. The fact that the reason for sentencing under Article 62(1) of the Criminal Act is very poor, such as destroying the property of a person who has not been involved with the defendant by using dangerous articles, causing injury to the police officer dispatched after receiving a report, etc.: Provided, That the defendant's mistake is recognized;

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