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(영문) 대전지방법원 천안지원 2015.09.10 2015고정525

상해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and the victim B(the age of 53, the remaining) are those who work with the head of the Tong in Seo-gu, Seoan-gu, Seoan City.

On June 4, 2014, the defendant thought that the victim who was a member of the election commission accused of himself at the time of the local election by the local election by the local election commission, and that the victim was a member of the other committee.

피고인은 2014. 4. 30. 16:00경 천안시 서북구 D아파트 뒤편에서 C 통장협의회 회장 E과 위 고발 건으로 이야기를 나누던 중, 피해자가 위장소에 찾아와 “내가 뭘 잘못 한 것이 있느냐 ”고 따지자 이에 화가나 양손으로 피해자의 목을 잡고 2회에 걸쳐 목을 잡고 흔드는 폭행하여 피해자에게 약 2주간의 치료를 요하는 경추의 염좌 및 긴장, 요추의 염좌 및 긴장의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning B;

1. Description of the written diagnosis of injury;

1. Application of film Acts and subordinate statutes to images of damaged parts of the complainants;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that it is difficult to view that the degree of injury inflicted upon the victim is weak in light of the statement of the injury diagnosis certificate and the image of the damaged body photograph, etc. of the victim as the victim did not have any record of criminal punishment or criminal punishment exceeding a fine, and it is against the defendant's age, character and conduct, and environment, and other various sentencing conditions shown in the argument of this case including the defendant's age, character and environment.