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Reasons
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(영문) 대전지방법원 2019.10.31 2019고단2509
특수상해등
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A defendant shall be punished by imprisonment for one year.

except that 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

"2019 Highest 2509"

1. On February 13, 2019, the Defendant suffered special injury: (a) around 22:15, while drinking the victim D (year 47) and alcohol in the building B of Daejeon Dong-gu Daejeon Building C, the Defendant sent two parts of the number of days of treatment days to the victim by using an envelope in which an empty disease, which is a dangerous object, is a minor problem while drinking another kind of friendly talks, and caused a minor accident, and put the victim into two parts of the number of days of treatment.

2. On May 19, 2019, at around 20:55, the Defendant: (a) opened a steering gate that was parked by the victim F in front of the Daejeon Jung-gu, Daejeon; and (b) cut off with a cash of KRW 7,210,00, which was located far away from the driving seat and the steering seat.

At around 11:30 on August 24, 2019, the Defendant: (a) opened a door that was parked by the victim I before Daejeon Dong-gu, Daejeon; (b) opened a door that was parked by the victim I; and (c) cut off with approximately KRW 8.50,000 in cash, which was owned by the victim.

Summary of Evidence

"2019 Highest 2509"

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of victims;

1. Each photograph;

1. Each investigation report "2019No3455";

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. A written statement of I;

1. CCTV images used for committing a crime;

1. Records of seizure and the list of seizure;

1. Determination as to the defendant's assertion of each investigation report

1. Cash, which was contained in the victim’s wallets of the summary of the relevant claim in the case 2019 Highest3455, is merely KRW 450,000.

2. As to the cash amount of the victim’s walled on the victim’s walled, the victim stated at an investigative agency about KRW 850,00,00,00, including Chapter 11 and KRW 10,000,00, in detail, the victim stated at the investigative agency about KRW 490,00,00, while the defendant stated at the investigative agency about KRW 490,0

The statements of the victim are added in light of the following factors: Modernity, consistency, etc. of the statements on the amount of damage.

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