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(영문) 대전지방법원 2017.09.01 2017고단2755
특수상해
Text

Defendants shall be punished by imprisonment for one year.

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

The defendant is a person who has repeatedly committed assault against the victim C (or 39 years of age) by not paying KRW 600,000,000,000 borrowed from the defendant, demanding repayment of the borrowed money, taking the victim into account her block.

On July 1, 2017, the Defendant, at around 19:00, drinks together with E, F, and the victim, at the Social Line E’s house located in Sejong apartment No. 203 Dong 104 on July 1, 2017, while drinking together with E, it is difficult to do so.

“A request for the repayment of money between the loan” means that the victim is able to accept employment without any particular apology at the request of the defendant.

In response, “the victim’s face can be taken by walking side glass and bucks of the victim, and the victim’s face can be taken by hand, and the iron bars (69cm in length, 2.8cm in diameter), which are dangerous articles brought about in the separation and collection of recyclable waste of the above apartment, used the victim’s head, chest, and bridge part, were inflicted an injury on the victim for about 4 hours, such as the victim’s head, chest, and bucking.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: The fact that the victim's injury is serious: The fact that the victim's injury is against the other party, and that the agreement is reached;

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