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(영문) 전주지방법원 정읍지원 2019.08.13 2018고정166

상해등

Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 13, 2018, around 10:35, the Defendant, at the C coffee shop located in B at regular Eup on September 13, 2018, told the said victim to settle the mobile phone small payment fee, and assaulted the victim by gathering about 5 cm with stone (as approximately 5 cm x 3 cm) on the floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E respective legal statements;

1. Scenic photographs of the site and stone;

1. Determination as to the assertion of the defendant and his/her defense counsel on voluntary report of the assault case

1. In relation to the essential assault of the assertion, the Defendant only laid a stone with stone on the empty land, and does not constitute assault against the victim.

2. According to each evidence duly examined by the judgment, considering the following circumstances: (a) the victim reported at around 10:40 on September 13, 2018 to 112; (b) the content of the report stated that “the victim is in the state of application for personal protection, and has a stone with a stone,” and (c) the Defendant also recognized that the Defendant had a stone with a stone with a stone with a stone, the charges against which the Defendant had a stone towards the victim are sufficiently recognized.

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. The summary of the facts charged: around 04:50 on August 16, 2018, the injured Defendant: (a) immediately conducted a dispute with the victim D (n, 21 years old) who was aware of usual knowledge in the vicinity of the bus terminal located in regular Eup/Myeon, or on the ground that the victim does not return the mobile phone opened in the name of the Defendant, and (b) brought the victim into dispute, and (c) brought the victim into the victim at the same time, and (d) brought about the part of the victim to the victim for approximately two weeks of medical treatment.

2. According to the records, the Defendant committed violence under Article 3(1)3 of the Punishment of Minor Offenses Act on August 16, 2018.