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(영문) 창원지방법원 거창지원 2016.11.02 2016고단368
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 25, 2016, the Defendant causing property damage: (a) around 20:15 on April 25, 2016, the Defendant opened a door at the victim C’s residence located in Chungcheongnam-gun, Chungcheongnam-gun, and destroyed the entrance door, “I can open a door and ask the house.” However, on the ground that the victim’s wife does not open a door, “I would have been under the influence of alcohol,” it refers to “I will do so next, I would have been under the influence of alcohol.” However, on the ground that the victim’s wife did not open the door, it damages one glass door (a 10, 26.5 cm) of the entrance of the market value equivalent to KRW 60,00 in the market value owned by the victim (a 10, 26.5 cm). On the other hand, the Defendant laid down the door at the front door glass of the market value (a 10.3 m., 26 m.).

2. Injury;

A. The Defendant committed the crime against the victim D, at the time and place set forth in the above Paragraph (1) above, laid a stone and broken the front glass so that the glass view was frighted to the face of the victim D (the age of eight) who was in a ward, thereby causing injury to the victim for about two weeks.

B. The Defendant, at the time and place specified in paragraph (1) above, expressed the victim C (the 47-year-old) who resisted the Defendant’s behavior, such as the above Paragraph (1) and Paragraph (2) above, and took a bath to “this rings.” In both hands, he was salping the victim’s face by salping the victim’s breath, and damaged the victim’s face by drinking the victim’s face one time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. Report on internal investigation (Attachment of a written diagnosis of a suspect C and victim D); Application of Acts and subordinate statutes concerning report on internal investigation (Attachment of a written statement related to a report on damage to property against the suspect A);

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment for the crime;

1. The Criminal Act among concurrent crimes.

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