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(영문) 대구지방법원 안동지원 2017.11.14 2017고단255
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On March 27, 2017, around 13:30, the Defendant: (a) demanded that the victim E (69 years old) who met with the Defendant met the money that he did not receive out of the purchase and sale price of the land in front of the D golf practice site located in Ansan-si, A around 13:30 on March 27, 2017; (b) carried heavy coffee, which is a dangerous object used in the Defendant’s hand, boomed the Defendant’s face to the victim’s face; and (c) carried the victim’s boom.

Accordingly, the Defendant carried dangerous things with the victim about about 28 days of treatment, and put the victim’s euthanas and leash-citing images.

2. A person who intends to engage in brokerage business of authorized judicial breach shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry of Land

Nevertheless, the Defendant, along with F, G, and H, conspired to run real estate brokerage business without registering the establishment of a brokerage office with the head of the Y, which is the competent administrative agency. On October 5, 2015, at the house of the J in the Y in the Yancheon-gun, Chungcheongnam-gun, G, having the seller J and the buyer K prepare a real estate transaction contract for L and M between the seller and the buyer K, and arranged the sales contract. On October 5, 2015, the Defendant received KRW 10 million from the J on October 11, 2015, and four million from the K on the fee.

Accordingly, the Defendant run a brokerage business without registering the establishment of a brokerage office to the competent authorities.

Summary of Evidence

【Criminal facts No. 1】

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Investigation report (verification of on-site CCTV);

1. A written diagnosis of injury (Article 2 of the facts stated in the judgment);

1. Statement by the defendant in court;

1. Each statement of F, G, and H in the suspect examination protocol against the accused by the prosecution;

1. A protocol concerning the examination of suspect of the police to K;

1. Statement made to the police with J (second time);

1. Each investigation report (the attachment of a copy of Defendant A’s lawsuit, the details of employment of a broker assistant to the suspect A, etc.

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