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(영문) 수원지방법원안양지원 2020.12.11 2020고정483

상해등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 12:00 on April 14, 2020, the Defendant suffered injury to the victim by selling the victim’s left chest at one time at the front of the D Beauty room, which was operated by the Defendant C (the 53 years of age) and the customer who had been in the cosmetic room. The Defendant saw the Defendant as a problem of parking with the customer who had been in the cosmetic room, and then pushed the victim’s right chest at one time due to the loss of the tree, and continuously selling the victim’s right chest at one time. The Defendant sold the victim’s left chest at one time by following the victim into the cosmetic room.

2. 모욕 피고인은 2020. 4. 14. 19:26경 위 'D 미용실‘ 앞 노상에서 위와 같이 피해자와 말다툼하게 된 것에 대하여 항의하기 위해 위 미용실로 찾아가 미용실 안에 있던 손님과 골목길을 지나가거나 같은 동네에 거주하는 사람들이 듣고 있는 가운에 피해자에게 큰 소리로 “썅년아, 너 개같은년아, 잘 만났어, 씨발년아, 너 나와라, 너 여기서 끝난 줄 아느냐, 내일부터 너가 여기서 영업하는 날까지는 계속해서 영업을 못하게 하겠다.”는 등 욕설을 하여 공연히 피해자를 모욕 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. CCTV image closure photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of fines for the crime; Article 257(1) of the same Act, the choice of fines for the crime;

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

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. Scope of punishment by law: A fine not exceeding 12 million won;

2. Although the Defendant asserts that a fine of KRW 1.5 million is excessive, considering that the Defendant did not have any intention or agreement with the victim, the background of the instant case, degree of injury, and the Defendant’s divorce is different from that of the divorce.