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(영문) 대전지방법원 홍성지원 2013.11.13 2013고단724
상해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 16, 2013, around 23:00, the injured Defendant inflicted injury on the victim’s head at around the surrounding vehicle of the victim D (the age of 48) who did not pay the Defendant an outstanding amount of KRW 6 million on the alleyway in front of his/her residence. On the hand, the injured Defendant saw the victim’s head at one time and one hand, and saw the victim’s head on the part of the victim’s head at one time, and caused injury, such as a closed alley, in need of treatment for about three weeks.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) caused damage to the property by taking the repair cost of approximately KRW 3,824,30,00 on the front, rear and rear glass of the vehicle, and the front, rear, and the front and rear door of the vehicle, as an acting seat, which is a dangerous object in the vicinity of the victim who was parked in the vicinity of the victim who had caused the damage to the Defendant, at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Bodily damaged photo;

1. Address photographs of the case;

1. Each injury diagnosis letter;

1. Application of written estimate of general repair costs to Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act that applies to the crime, Article 257 (1) of the choice of criminal punishment, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of adding up the punishment prescribed for a violation of the Punishment of Violences, etc. which is heavier than the punishment and the long-term punishment for the crimes above two crimes];

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Circumstances in which the following reasons for sentencing are described):

1. In light of Article 62(1) of the Criminal Act (recognisive factors such as the following conditions of sentencing) of the suspended sentence, the nature of the crime is not good, and the defendant has already been three times, in light of the method of and degree of damage to the crime.

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