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(영문) 대구지방법원 2013.05.08 2012고정3651
상해등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 17, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively weapons, deadly weapons, destruction of property, etc.) at the Daegu District Court, and the said judgment became final and conclusive on July 25, 2012.

1. On August 4, 2011, at around 20:20, the injured Defendant found a drinking-free vehicle from the victim D (the age of 36) and the "F office of the victim E (the age of 39) operated by the victim E (the age of 39) on the ground that the previous victims brought about the vehicle that he/she had not been lent to the victim and brought the vehicle to his/her mind, and then found him/her at the same time, he/she was able to d's head at the time when he/she was her head by hand and her head was d's head was d'd, and then he/she was able to her head again by her hand, and her head was d's head was d'd by hand.

As a result, the defendant set up multiple malmopty, diagnosis, and injury to the victim D, which require approximately two weeks of treatment, and the victim E's internal examination and injury requiring approximately one week of treatment respectively.

2. The Defendant damaged the property by taking account of the following factors: (a) the mobile phone market price owned by the Victim was at least KRW 219,00 and KRW 220,000 in the monitoring market price of L CD owned by the Victim D and E during the time and place set forth in paragraph (1).

Summary of Evidence

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

1. Each legal statement of witness D, E, and G;

1. Investigation report (limited to a written estimate or a photographic document of a damaged mobile phone);

1. Each injury diagnosis letter;

1. Photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning investigation reports;

1. Relevant Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines for the crime; Article 257(1) of the Criminal Act; Article 366 of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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