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(영문) 광주지방법원 2014.11.20 2014고단2063

폭력행위등처벌에관한법률위반(공동상해)

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 December 19, 2013, the Defendant, on the ground that “the husband D of the injured party C (son, 65 years of age) was partially driven by his/her husband D while driving the water meter installed in the immediately preceding, and is bad,” he/she opened an unlocked gate at the victim’s home located in Gwangju North-gu E, Gwangju, and opened the said house and intrudes upon the victim’s residence.

2. The Defendant continued to inflict injury on the victim, at the same time, at the same time and place as above 1.3 times and place, by receiving the victim C (n, 65 years of age)’s proposal, and by making it difficult to see him/her out of the house gate to enter the house gate again, the Defendant, so far as the gate was sucked toward the inside and outside of the house gate, and caused the victim’s injury, such as the injury of the cryp and the impairment of the character of the mouth, which requires treatment for about 10 days, to the end.

3. On December 20, 2013, the Defendant: (a) around 07:50 on December 20, 2013, against the Defendant’s house located in Gwangju Northern-gu, the issue of installing the victim C (n, 65 years of age) and water measuring instruments was discussed; (b) the Defendant, by hand, destroyed the victim’s chest in excess of the upper bed; and (c) assaulted the victim’s bat by breaking the bat.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness C and each part of each legal statement in D;

1. Application of Acts and subordinate statutes (Evidence No. 12 of the Evidence List);

1. Relevant provisions 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), Article 319 (1) of the Criminal Act (the point of intrusion upon residence), and the choice of fines, respectively, for the crime;

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

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;