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(영문) 서울동부지방법원 2016.08.11 2016고단917

상해

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

1. The Defendant 2016 Highest 917 is a person who works in “C building” as an environmental U.S. source, and is the same workplace rent with the victim D (68 years, women).

On January 27, 2016, at around 10:0, the Defendant brought an action against the victim on November 18, 2015, with regard to the fact that the case causing injury to the victim was not resolved smoothly from the third-story waste storage space of the Songpa-gu Seoul building C, Songpa-gu, Seoul around November 18, 2015. However, the Defendant brought an injury to the victim, such as the spathal of the infant, which requires approximately two weeks of medical treatment due to the blue face of the victim.

2. At around 10:00 on November 18, 2015, Defendant 2016, Defendant 589 assaulted the victim’s two arms, with a wall, with a view to removing wastes separately from the victim D (the age of 68) while taking a separate collection of wastes, on the ground that: (a) he/she took a dispute with the victim while taking a separate collection of wastes; and (b) he/she took part in a dispute with the victim, and (c) took part in the victim’s kis that “if he/she gets off, she would have kis without being pushed off.”

As a result, the Defendant inflicted injury on the victim, such as the vertebranes, which requires medical treatment for about four weeks.

Summary of Evidence

[2016 Highest 917]

1. Partial statement of the defendant;

1. Witness D's testimony;

1. Statement made by the police against D;

1. A written diagnosis of injury (2016 highest 589);

1. Statement by the defendant in court;

1. Witness D's testimony;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 of the Criminal Act and Article 257 of the Criminal Act concerning criminal facts; Selection of fines;

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. Under the circumstances unfavorable to the Defendant, the victim’s degree of injury on the grounds of sentencing in Articles 70(1) and 69(2) of the Criminal Act, which are disadvantageous to the Defendant, the Defendant has been living without being subject to any criminal punishment except that he/she was sentenced to a fine on one occasion by violating the Act on Special Cases concerning the Settlement of Traffic Accidents in 1986 before the instant case.