beta
(영문) 대전지방법원 2015.03.25 2014고정1455

상해

Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

Defendant

A is the Director of the C Apartment Management Office.

On May 16, 2014, around 09:00, the Defendant sent back the victim D (the age of 35) to the Seo-gu Seo-gu Seoul Apartment Management Office, Seo-gu, Seo-gu, Daejeon, stating that the victim D (the age of 35) “I ambling a high noise at the head of the village,” “I ambling the dys of why we leave.”

Accordingly, the victim, "Ieman Ieman", stated that "Ieman should grow", "Ieman's spathy has spathed the victim's spath with spath, and the victim spathed the victim's spath with spath's hand, and caused 14 days' spathy, so that Ieman's spathy had been treated for 14 days.

Summary of Evidence

1. Legal statement of the defendant (the purport that he/she has taken knobs);

1. A witness D's legal statement (which is judged to be reliable in light of the consistent statement from the investigative agency and the attitude of the statement, etc.);

1. Partial statement of the witness E (the purport that D has been pushed off to the wall in the course of preventing the defendant from putting his/her name in front and rear by searching for the name of the defendant)

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to report the occurrence of cases;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

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

1. Reasons for sentencing of Article 186(1) of the Criminal Procedure Act [the scope of punishment by sentence] 10 million won or less in favor of a person who has no record of the same crime: The circumstances unfavorable to the victim that there is no record of the same crime: the victim appears to have suffered considerable mental or physical damage due to the instant case, but did not make any effort to recover damage; and the defendant's age, occupation, environment, circumstances of the instant crime, details, and circumstances after the instant crime were considered as the sentencing conditions stipulated in Article 51 of the Criminal Act.