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Reasons
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(영문) 대전지방법원 천안지원 2012.12.13 2012고단1239
상해등
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A defendant shall be punished by imprisonment for 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 May 3, 2012, the injured Defendant: (a) around 20:30, the D office located in the Young-gu C5th floor in Suwon-si, Suwon-si, Suwon-si, on the ground that the victim E (here, 29 years of age) who is a subordinate employee of the above company does not properly comply with the Defendant’s instructions; (b) taken the victim’s hand once, taken the victim’s hand into the meeting room used in the warehouse, taken the victim’s hand into the meeting room used in the warehouse, led the victim into the victim’s left frame in the joint book, and followed the victim’s 14-day medical treatment.

2. At the above office near the time and time set forth in Paragraph 1, the Defendant laid off the door of the office on the ground that the victim E was unable to follow the direction of the defendant, laid off electric lights, and laid off the body, and detained the victim from the window by cutting off the cell phone of the defective victim who attempted to report to 112, and extracted the wire telephone line from the window. After cutting off the victim’s hand, the Defendant led the victim’s hand in the above conference room located within the office, and detained the victim by taking the 1 hour and 20 minutes of the victim out of the conference room as described in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. E prosecutorial statement;

1. Statement to E by the police;

1. A criminal investigation report by each prosecutor;

1. A written diagnosis of injury (E);

1. Application of Acts and subordinate statutes to each photograph;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 276 (1) of the Criminal Act (the point of detention and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the suspended sentence

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of punishment: Imprisonment with prison labor for not more than ten years and not more than six months;

1. Tangibles.

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