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(영문) 대구지방법원 안동지원 2017.04.28 2017고단33
상해등
Text

1. The sentence against the accused shall be three million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On October 15, 2016, the Defendant: (a) heard the victim’s talking that the Defendant would not park in India and park in any other place; (b) was faced with head on the floor by pushing the victim’s chests and shoulder part of the victim’s chests; and (c) caused the victim’s face at one time in the night traffic signal sealing, the Defendant sustained approximately two weeks of treatment for the victim, and sustained the victim’s brain fluor, etc. without any open address in two weeks.

2. The Defendant damaged property by reducing three night signal bars, which are owned by members of the Exemplary Taxi Association at the time of permanent residence, such as the above victims, at the time and place set forth in paragraph 1, for the foregoing reasons, and destroying property equivalent to KRW 28,800 at the market price by destroying the seeds floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to C and D;

1. C’s petition;

1. A report on the arrest and injury of the case;

1. A report on internal investigation:

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

1. Relevant legal provisions concerning facts constituting an offense and the point of an injury upon the option of punishment: Article 257 (1) of the Criminal Act that damages property: Article 366 of the Criminal Act;

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 Articles 70(1) and 69(2) of the Criminal Act with respect to the instant crime is not that of the nature of the crime in light of the background, method, etc.

The defendant was unable to receive a letter from the injured party.

This is an unfavorable circumstance to the defendant.

The defendant is the first offender, and some crimes are led to confession and reflect.

The degree of damage (the value of the damaged and damaged property) is relatively minor.

This is the circumstances favorable to the defendant.

Other cases, such as the age, sex, environment, and circumstances after crimes of the defendant.

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