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(영문) 광주지방법원 2013.04.05 2012고정2331

상해등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

[2012 high-level 2331] On June 30, 2012, the Defendant sold the land to cut trees in the apartment complex in front of the 107-dong, Seo-gu, Seo-gu, Gwangju, about 107-dong, on the ground that the victim E (the 26-year-old, South) resisted the face of the victim twice in the drinking house, was tightly tightly tightly tightly tightly tightly tightly pushed the head of the victim, and was assaulted to the head, thereby demanding two-day medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

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

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. The portion not guilty under Articles 70 and 69 (2) of the Criminal Act for the detention in a workhouse;

1. Facts charged [2012 high-level 2848] The Defendant is the Seo-gu Incheon Metropolitan Autonomous Council Chairperson.

On August 25, 2012, at around 17:00, the Defendant sent an article to the victim on the ground that the victim F (V, 52 years of age) was not in receipt of the written consent to the dismissal of the autonomous apartment president from the residents in the above apartment elevator No. 108, the Defendant sent the victim the article to the victim, and “The Defendant sent the article to the victim, “I am dead every ten thousands of width, I am off, I am off, I am off the snow, I am off.”

Accordingly, the defendant threatened the victim.

2. Determination

A. The Defendant asserts to the effect that there was no threat upon the victim’s verbal statement as stated in the instant facts charged.

B. The following circumstances, which are acknowledged by the evidence adopted in this court and duly completed the examination of evidence and the victim’s attitude of statement in this court, namely, ① the victim asserted that the victim threatened the victim (hereinafter “first intimidation”) before the victim’s house (hereinafter “first intimidation”) around August 20, 2012, in addition to the facts charged in this case (However, the point of “the first intimidation” seems not to have been charged with insufficient evidence) and ② Nevertheless, the victim was 5 days from the time of “the first intimidation.”