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(영문) 서울중앙지방법원 2012.09.13 2012고단2533
상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 31, 2012, the Defendant: (a) discovered that, around 21:56, the Defendant was parked a ecoo vehicle owned by the victim D, which was not good in a usual appraisal in the Seongbuk-gu Seoul Seongbuk apartment underground parking lot; and (b) destroyed four parts of the above vehicle, knife onto a knife tool, which is owned by the victim, by a knifeing tool, equivalent to KRW 1,012,00,000.

2. On April 6, 2012, around 12:30 on the street in front of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, for the reason that the victim D (53 years of age) was against the Defendant and had the victim D (53 years of age) go through the horses against the Defendant, the Defendant suffered bodily injury, such as 8, 9, 9, which requires the victim’s face and telegraph, by taking care of about six weeks of the victim’s face and telegraph.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement by the prosecution concerning D;

1. Each CCTV video;

1. A written diagnosis of injury;

1. Photographs;

1. Application of the receipt statute

1. Relevant Articles 257 (1) and 366 of the Criminal Act concerning the facts constituting an offense. Article 257 (Selection of Imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the agreement with the victim);

1. Social service order under Article 62-2 of the Criminal Act;

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