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(영문) 대전지방법원 천안지원 2017.06.15 2017고정29

상해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant married with the Victim C (FL, 71) in 1994.

1. On August 23, 2016, the Defendant: (a) around 21:30 on August 23, 2016, the Defendant: (b) was under the influence of alcohol, and without good cause, the Defendant’s property damage: (c) whether the Defendant and the Victim’s residence (hereinafter “the Defendant”) went to governance; (d) North-gu Do apartment; (c)

“At the time of the public bath, the main flag was laid, shouldered the glass of the main sliding, and the injured party was accompanied by walking the door to the locked by avoiding the Defendant and walking the door to the locked.

After all, the Defendant damaged the door glass and visit.

2. At the time and place mentioned in paragraph 1, the injured Defendant expressed the victim’s desire without any justifiable reason, and led the victim’s hair by hand, and took the victim’s hair back once, and took the 14-day medical treatment on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. On-site photographs and a written diagnosis of injury (the defendant and his defense counsel asserts that the defendant did not take a bath or assault around the date and time stated in the facts charged.

However, the witness C's investigative stage and the statements in this court are consistent and concrete.

In particular, at the time of making a statement in this court, there is a high degree of credibility of the statement in light of the attitude of the statement. In particular, the statement was made at the time of statement in this court, and the statement was made by the accused, hearing the bathing theory as stated in the facts of crime, and testified

Defendant and defense counsel’s assertion are not accepted

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the selection of each fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, the circumstances leading up to the crime of the defendant, and the relationship between the defendant and the victim [the victim].