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(영문) 전주지방법원 2017.11.16 2017고정596

상해등

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

While the Defendant was trying to set up a house in the vicinity of the village in which the dog raised in the house came outside of the house, the Defendant found the house that has been set up in the dry field located in the victim C (73 Do, n) and considered it as the behavior of the victim's family and found it as the behavior of the victim's family.

1. On April 30, 2017, the Defendant who damaged property: (a) around 09:50 on April 30, 2017, at the end of the victim’s dwelling space located in North Korea-U.S.D, the Defendant took a dispute over the installation of the victim with the victim; and (b) took out the gate and took out the gate, and damaged the gate so that approximately KRW 50,000 of the repair cost would break down.

2. When the injured party sent out the Defendant out of the gate at the time and place set forth in the above paragraph (1) above, the injured party suffered injury by the injured party, on the ground that he gets off the gate by walking in the gate with a locking device of the gate, coming off with the victim’s left hand while opening the gate, and faced with the parts such as the victim’s left hand arms, etc., which require approximately two weeks medical treatment.

The facts charged of the injury in this part include the facts charged of the injury resulting from violence within the same scope, and it is judged that even if the facts charged of the injury resulting from violence are recognized in light of the process of the trial in this case, it does not cause a substantial disadvantage to the exercise of the defendant'

Therefore, the defendant is found guilty of the injury caused by violence without a separate procedure to change the indictment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol against C and E;

1. Reports on internal investigation (the sequence 7 in the list of evidence);

1. Application of Acts and subordinate statutes on a medical certificate of injury and a receipt for repair;

1. Article 262 of the Criminal Act and Articles 257(1) of the Criminal Act (in the case of assault) concerning criminal facts and the choice of punishment.