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(영문) 대전지방법원 천안지원 2012.07.12 2012고정439

상해등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant was in de facto marital relationship with the victim B from January 2010 to December 16, 201.

1. Around June 29, 2011, the injured Defendant: (a) went beyond the floor by putting the victim’s head debt on his/her hand; and (b) went beyond the victim’s head, hair, and distribution on the part of his/her head, etc. in the outdoor parking lot in the Dong-gu Seoul Special Metropolitan City, Chungcheongnam-gu; and (c) went beyond the victim’s head, hair, etc. on the part of his/her head, etc.; and (d) brought about multiple gamblings that require approximately two weeks of treatment.

2. Damage to property;

A. On February 26, 2011, around 01:00, the Defendant destroyed the mobile phone owned by the victim B to cover KRW 81,000,00 for repairing costs by cutting off the cell phone owned by the victim B in his/her hand.

B. At around 22:00 on June 29, 201, the Defendant: (a) laid the cellular phone owned by the victim B in Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul; and (b) destroyed the repair cost of KRW 105,000 by putting the cell phone owned by the victim B on the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Protocol of the police statement concerning B;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged articles and estimates of damage;

1. Relevant Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of injury) and the choice of fines for the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;