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(영문) 창원지방법원 통영지원 2018.01.08 2017고정331

상해

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

Defendant

C, Defendant A, and Victim D (M, 73 years of age) are people with mutual knowledge at the Association of Persons with Disabilities. In particular, Defendant C and Victim D are well-known.

Defendant

A around 17:00 on August 21, 2016, he was assaulted by the victim C(71 tax) of E apartment house 101 Dong 1002, 1002 at Dong Young-gu around 17:0 on August 21, 2016, and C was flabed with flabbbbbbing, and flabed with flabing of the victim C, and flabed with the victim C’s face one time due to continuous drinking.

이후 피고인 A은 피해자 D가 위 C의 손에서 피가 나는 것을 보고 말리기 위해 피고인의 다리를 잡자, 발로 피해자 D의 가슴을 2회, 얼굴을 1회 찼다.

As a result, Defendant A suffered injury to the victim C, such as impairment of satise of face with which the number of days of treatment can not be known, and injury to the victim D, such as brain satis that there is no open room for treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect C by the prosecution (including D's statement);

1. Statement made by the police against D;

1. Reporting on dispatch to the scene of a crime under violence;

1. A report on internal investigation (attaching photographs);

1. A criminal investigation report (a suspect's act);

1. Application of Acts and subordinate statutes to medical certificates and written confirmations for admission and discharge;

1. Relevant Article 257 of the Criminal Act and Article 257 (1) of the Criminal Act and the selection of fines for criminal facts;

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. In the first instance of the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the victims do not want the punishment of the defendant, and the defendant is old, and the health of the defendant is not good.