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(영문) 의정부지방법원 2016.07.14 2016고정79

상해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On March 8, 2015, the Defendant: (a) demanded the victim E, a forest fire supervisor, to detect and extinguish waste by extinguishing fire in D, located in S, “D,” located in S, Macheon-si on March 10, 2015; and (b) the Defendant, “I have been discharged from the territory of Korea.”

The victim injured the victim by using violence, such as fating fat and fating fats and arms, which is called "nobbbbing," and fating about two weeks of treatment.

2. The Defendant, at the same time and place as set forth in paragraph (1) of the same Article, committed an assault by a victim F, etc. who was contacted by phone calls that the victim E is suffering a threat by assaulting and booming f, etc., in the scene, and prevented the victim’s f, etc., who was in the scene, and against the flabing of flab, and flabing the victim’s flab, thereby

Summary of Evidence

1. Each of the legal statements by witnesses E and F (if each of the statements by witnesses and investigative agencies are inconsistent with the main part of the facts constituting the crime, there is no contradiction with the injury diagnosis, and there is no reason to intervene the falsity in the statement in light of the legal attitude of the testimony, etc., so credibility is recognized)

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each statement of E and F;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Relevant Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence), 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;