(영문) 부산지방법원 2020.12.17 2020고단4041

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(영문) 부산지방법원 2020.12.17 2020고단4041

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Judgment of the court below] The defendant filed a fraudulent complaint against the victim B (n, 57 years of age). The victim was detained in the Busan District Court on May 12, 2020, but the verdict of not guilty was rendered on July 23, 2020, and the prosecutor appealed in the appellate trial.

【Criminal Facts】

1. At around 19:20 on September 4, 2020, the injured Defendant waiting for the victim returning home to the Do restaurant in Busan East-gu, Busan-dong, and waiting for the victim returning home in the above judgment of innocence of the first instance court, and the victim and the victim returning home to the her house after drinking the victim "welve defect," but the victim refused it. The victim's refusal to do so. "Ilve within the city, Ilve, Ilve, Ilve, Ilved the victim's arms in the process of leading the victim's arms. But during the defect process, the victim's head was sealed with the wall of the victim's hair, and the victim's head was sealed with the wall of the victim's head, and the victim's head was moved into the wall of drinking, leading the victim's arms over several occasions, leading the victim's sale, leading the victim's 1 and 4 days of drinking.

Accordingly, the defendant injured the victim.

2. The Defendant damaged property: (a) taken the cell phone of the victim in a telephone call with her children at the time and place specified in paragraph (1); (b) put the victim’s cell phone, and (c) put the victim E, who observed the assault described in paragraph (1), at the time and place, told her “I am back to her seat”; and (d) returned the cell phone to her floor.

As a result, the defendant damaged Samsung Tallon 5 mobile phones at a cost equivalent to KRW 800,000 in the market price owned by the victim.

Summary of Evidence

1. The defendant's legal statement B, and the prosecutor's statement concerning F;

1. A criminal investigation report (as to the statement of a witness at the site and his/her witness) on B;

1. Recording records;

1. Application of Acts and subordinate statutes to the standing photographs, cellular phone damage photographs;

1. Relevant provisions concerning facts constituting an offense;

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