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(영문) 대전지방법원 2013.11.15 2013고정1286

상해

Text

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

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

Reasons

Punishment of the crime

피고인은 2012. 10. 22. 10:17경 대전 대덕구 C에 있는 자신이 운영하는 D에서 손님인 피해자 E(여, 54세)와 떡볶이 떡 배달 문제로 언쟁하던 중 피해자가 밀치며 팔을 잡아당기자 오른손으로 피해자의 좌측 뺨을 1회 때리고, 손으로 피해자의 얼굴을 밀고 잡아채 28일간의 치료를 요하는 치아의 탈구상을 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written diagnosis of injury;

1. Application of CCTV image Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. Taking into account the following: (a) there is no previous conviction on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order; (b) the victim spited the flood first; (c) the victim’s disease was destroyed due to the victim’s disease; and (d) the victim appears to have had a significant impact on the occurrence of the injury; and (c) the victim was sentenced to a fine of KRW 300,000 for the act of assaulting the Defendant jointly with F at the Daejeon District Court on July 12, 2013.