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(영문) 서울중앙지방법원 2015.05.28 2014고단7462
폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

[2014 Highest 7462] around 15:50 on September 18, 2014, the Defendant used the victim C (Nam, South, and 33 years old) to 110 of the Seoul Square in front of the 110 Seoul Central-gu Seoul Central-gu Seoul Central-gu Seoul Central-gu Square, and used the victim's breath to spathize, embling the processed matter, while putting the victim's breath, and bread the victim's breath with breath at one time.

[2015 Highest 1305]

1. Around 14:00 on September 7, 2014, the Defendant suffered bodily injury on the part of the victim at the police hospital parking lot located in Songpa-gu Seoul, Songpa-gu, Seoul, on the ground that the victim D (the age of 65) presented the amount less than the amount that the victim wants to reach a traffic accident agreement, and suffered bodily injury, such as brain, for about two weeks, to the victim.

Accordingly, the defendant injured the victim.

2. On September 16, 2014, the Defendant causing property damage: (a) around 16:00, at the Song Police Station located in Songpa-gu Seoul, 221, and (b) on the grounds that the victim did not comply with traffic accident agreement and telephone conversations, the Defendant: (c) deducted his/her cellular device used by the victim from his/her cell phone; and (d) destroyed the amount of the said cellular device to KRW 130,000,000 for repairing expenses.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness E and D;

1. Statement made by C by a witness in the third protocol of trial;

1. Statement by the prosecution concerning D;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each investigation report (limited to attachment of photographs about violence and damage to property, attachment of a written diagnosis of injury, and appointment of black stuffs);

1. Relevant Article 260(1) of the Criminal Act, the choice of punishment against the crime, Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively;

1. The heavier punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

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