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(영문) 대구지방법원 서부지원 2018.06.01 2017고단1396
상해등
Text

A defendant shall be punished by imprisonment for one year.

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 April 17, 2017, the injured Defendant: (a) committed assault, such as assaulting the victim’s neck at the home of the victim in Daegu-gu D, Daegu-gu, on the ground that the victim C did not talk with the victim himself/herself on the ground that he/she does not contact with him/herself; (b) sought the victim’s contact with telephone; and (c) committed an injury to the victim, such as assaulting the victim’s neck one time; and (d) booming the victim’s sound to the part of the victim, which requires treatment for up to seven days, such as a spathy and a spathy s

2. The Defendant of intimidation, around April 15, 2017, calls from the victim’s cell phone on the ground that the victim does not contact with him/her and that he/she is also avoiding contact with him/her, and “I will continue to use the phone without receiving the phone”.

As such, the victim threatened the victim 14 times in total from March 1, 2017 to April 17, 2017, including intimidation, such as sending a voice message stating that “I will not leave the body of the deceased.” The victim threatened the victim 14 times in total, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate of injury, and photographs of the upper part of the body;

1. The application of Acts and subordinate statutes to an investigation report (Attachment of telephone details and text content) and the details of phone calls made by the person under suspicion, requests for cooperation in an investigation (12 reported details), and a statement of processing of reported cases, a criminal investigation report (explication of criminal records), and message details, an investigation report (Attachment of voice files, No. 18 of evidence records), and a recording file CD (recied from this court on the fourth trial date of May 1, 2018)

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense, Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, and the choice of imprisonment, respectively;

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 reason for sentencing under Article 62(1) of the Criminal Act is that the defendant acknowledges and reflects his mistake, the relationship between the defendant and the victim, and the details and degree of each of the crimes in this case.

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