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(영문) 서울동부지방법원 2013.11.27 2013고정2309

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 and the victim B are neighbors who live in the same multi-household house.

1. On September 6, 2012, around 20:10 on September 6, 2012, the Defendant committed assault on the part of the victim B (the 16-year old) in Gwangjin-gu Seoul Special Metropolitan City, by dividing the victim’s friendship into the victim’s fluor and the victim’s fluor, and fluording the victim into the fluor in the fluor, on the ground that the victim was fluored,

2. At around 23:00 on September 6, 2012, the Defendant voluntarily acted in the Magjin Police Station criminal office and office located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, 254-32, and then threatened the victim who was seated in the waiting room with the “knife kniff,” “,” nife knife knife knife knife knife “,” and “hife knife,” thereby threatening the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes governing the suspect examination protocol against B or D;

1. Relevant Article 260(1) of the Criminal Act, Article 283(1) of the Criminal Act, and Article 283(1) of the Criminal Act, the choice of each fine 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. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (the point of injury) of the provisional payment order;

1. The summary of the facts charged in this case, as stated in paragraph (1) of the facts constituting the crime in the judgment, the Defendant committed an influence of the number of days of treatment in the suspension of the victim's scam by taking the victim's scam in three times.

2. The judgment of the court below is based on the evidence duly examined as follows: ① The physical force of the Defendant inflicted on the victim was three times at the time, and it is difficult to find out there is no reasonable doubt that there was an injury that could be confirmed in the upper part of the body photo (the investigative record No. 14) due to the victim’s suspension of the loss; ② the Defendant, at the time, took the face of the victim by drinking.