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(영문) 대구지방법원 서부지원 2016.10.14 2016고정578
상해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. 재물손괴 피고인은 2016. 5. 22. 17:28경 대구 서구 C 앞 도로에서 피해자 D가 운전 중이던 E BMW 승용차의 앞을 가로막고, “여기는 사람 다니는 길인데 왜 차가 다니느냐, 사람이 먼저지 차가 먼저냐. 꺼져라.”라고 말하면서 손으로 위 승용차의 좌측 백미러를 꺾어 파손하고, 차량 좌측 앞문짝 및 뒷문짝, 좌측 뒷부분의 휀다 부분을 발로 수회 걷어찼다.

Accordingly, the defendant damaged the car owned by the victim to have approximately KRW 2,560,000 of the repair cost.

2. The injured defendant damaged the above car owned by the victim D at the time and place specified in Paragraph 1, such as the date and time specified in Paragraph 1, and when the victim gets off the window of the driver's seat of the said car and intending to restrain the defendant, and caused the victim's shoulder and arms by hand.

The Defendant reported the cell phone from the above car to the victim, and attempted to flee from the above place, but the victim was prevented from leaving the phone, and the victim was shaking the victim's arms and shoulder by hand, pushed down the chest by pusheding the victim, and was frighted to the victim so that the victim could no longer get out of the vehicle.

As a result, the Defendant inflicted bodily injury on the victim, such as the impairment of the head of other head that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to each investigation report (in relation to the attachment of a medical certificate, a written estimate, a black box recording image, and a video file recorded by the victim with a cell phone);

1. Relevant Article 257 (1) of the Criminal Act and Articles 257 (1) and 366 of the Criminal Act (the point of causing bodily injury and the choice of fines) concerning the facts constituting an offense;

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

1. The Criminal Act for the detention of a workhouse;

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