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(영문) 전주지방법원 군산지원 2017.02.08 2016고단1075
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 4, 2016, the Defendant: (a) around 09:30 on September 4, 2016, and around 09:30, the Defendant: (b) took care of the victim D(43) with no usual appraisal; (c) took a bath to the victim; and (d) carried the victim’s right part part at one time with stick, which requires treatment for about 14 days to the victim; and (c) continuously moves back to E, the market value of which is KRW 332,046, which is owned by the victim, was damaged by destroying the front glass door of the TG car.

2. On September 4, 2016, the Defendant intrusiond upon his/her residence from around 09:45 to around 10:30 on the same day, when the said victim’s residence was located in the said victim’s D’s residence, and when the victim’s residence was invaded upon the victim’s residence after going beyond the victim’s wall to the marina of the victim’s residence.

3. Around September 5, 2016, the Defendant infringed upon his residence and damaged property at around 17:42, Sept. 5, 2016, when the said victim D’s residence was located, the Defendant went beyond the fence and intruded the victim’s residence into the victim’s residence, and continuously damaged the gate so that the market price, which is the market price owned by the victim, continued to be gushes.

4. On September 6, 2016, the Defendant infringed upon his/her residence from around 18:50 on September 6, 2016 to around 18:58 of the same day, which came into the said victim D’s residence, and went into the said place beyond the gate gate gate, and intrudes upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A written statement;

1. A report on internal investigation, photographs, such as a part of damage, photographs of a damaged part, and photographs, such as a CCTV-capf, on-site photograph, etc.;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant Article 257(1) of the Criminal Act (the point of injury), Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act (the point of damage to property) and choice of imprisonment with prison labor for the crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Recommendation.]

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