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(영문) 대전지방법원 2013.12.18 2013고정836

상해등

Text

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

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

Reasons

Punishment of the crime

On December 26, 2012, at around 12:40, the Defendant: (a) filed a dispute with the victim F (54 years old) demanding the replacement and repair of parts in the main body of the computer into Samsung Electronic Products within the computer sales business establishment called "E" in Daejeon-gu D1st, Daejeon-gu, with the victim F (54 years old); (b) brought the victim's timber and chest part into outside of the said business establishment by cutting down the breath with the breath hand; and (c) brought the victim out of the said business establishment.

After that, the Defendant reported 112 and sent the victim to the police officer, who entered the place of business in order to listen to the statement of damage, and again flapsed the victim's flaps.

As a result, the Defendant inflicted bodily injury on the victim, such as a 14-day therapy.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G in part;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

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

1. The part not guilty under Article 334 (1) of the Criminal Procedure Act (the point of causing the destruction and damage of property);

1. On December 26, 2012, at around 12:40, the Defendant: (a) before a computer store, “E” in the name of the Defendant’s operation of the Dong-gu Daejeon Special Metropolitan City D 1st floor, the Defendant, even though the Defendant had intended to replace and repair the parts in the body of the computer into Samsung Electronic Products; and (b) had the replacement into another product, the Defendant told the victim under an objection from the victim F to “whether the parts in the body of the computer deal with Samsung Fixed Products”; (c) putting the body of the said computer on his/her hand, putting the victim out of the above business site; and (d) damaged the body of the said computer outside the entrance.

Accordingly, the defendant is the body of the computer owned by the victim in the city.