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(영문) 전주지방법원 2013.04.04 2011고단206 (1)
상해 등
Text

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

1. On September 3, 2010, around 22:50 on September 3, 2010, the Defendant, C’s joint assault Defendant, and C were 4-5 times the victim’s face in drinking on the ground that the victim E (the victim E (the victim 20 years of age) who is an employee of the above music hall) was defective in calculating the drinking value in the middle of drinking. The Defendant was able to fill up about 4-5 times the victim’s face in drinking for the same reason.

Accordingly, the defendant and C jointly committed violence to the victim E.

2. The defendant's sole criminal conduct;

A. On September 3, 2010, at around 22:50 on September 3, 2010, the Defendant damaged the property by generating, or destroying, the appurtenant to the “D” operated by the victim G in Kim Jong-si, a 3,90,00 won of the market value, which is the victim’s ownership in the vicinity of the cirter, one card size of 2,30,000 won of the market value, one card size of 30,000 won of the market value, one telephone size of 1,50,000 won of the market value, one log container of 1,80,000 won of the market value, one door mold of 1,430,000 won of the market value, and one door of 3,00,000 won of the market value.

B. At around 22:50 on September 3, 2010, the Defendant: (a) committed an assault by having the victim H go beyond the land by selling on the ground that the Defendant was spawned from Kim Jong-si, on the ground that the Defendant would injure the said property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I, E, H, J, and K;

1. An investigation report (to hear statements in K of a victim - the side of violence, etc.);

1. Application of each written estimate and each photographic statute;

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (2) and (1) 1 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of joint violence), Article 260 (1) of the Criminal Act, Article 366 of the Criminal Act (the point of destruction and damage of property), the choice of imprisonment for each sentence

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

1. Although the suspended execution did not reach an agreement with the victims under Article 62(1) of the Criminal Act, the Defendant.

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