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(영문) 대전지방법원 2017.07.06 2016고합471
강도상해
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

On July 10, 2016, the Defendant, including the new wall C(53) victim, lost all of the money to the victim while gambling, and the victim, however, was trying to return home as it was, and the victim was forced to have his mind.

At around 06:40 on that day, the Defendant followed the victim who returned home after gambling, and was in the vicinity of Daejeon Seo-gu D, Daejeon, and caused the victim to suffer bodily injury, such as a duplic of the cuplic of the cuplic of the cuplic of the victim's left side, on the part of the victim's oral gathering of the oral gathering of the victim's oral gathering of the victim's oral gathering of the victim's oral gathering of the victim's oral gathering of the victim's face. In other words, the Defendant duplic of the cuplic of the cuplic of the 24 weeks cuplic of the victim's face.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness C and E respective legal statements;

1. A protocol of interrogation of the suspect to the prosecution of some of the defendant (including the confrontation and C's statement);

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

1. Each part of the police statements with respect to C and F;

1. A report on investigation (related to a diagnosis), a medical certificate, and a confirmation of hospitalization;

1. Application of Acts and subordinate statutes to a report on investigation (investigation into reported matters and intelligence details), the list of cases to be reported 112, and the report on the results of processing 112 reports;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Determination as to the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding orders to attend lectures and orders to provide community service

1. The summary of the argument is that the defendant did not have any time when the victim was injured as stated in the facts constituting the crime in the judgment, and the victim was under the influence of alcohol.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., the victim, from the investigative agency to the court, “the Defendant was found to have any further defect in gambling, but he refused this.”

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