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(영문) 의정부지방법원 2015.08.31 2015고정563 (1)

상해등

Text

Defendant shall be punished by a fine of one million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On September 7, 2014, at around 19:00, the Defendant was under the influence of alcohol at C’s residential drinking room in Yangju-si, and upon receiving a report on a disturbance, the Defendant received a disposition of notice of penalty due to an ordinary crime by police officers dispatched after the Defendant was under the influence of alcohol at C’s residential drinking room in Yangju-si.

At around 20:35 on the same day, the defendant found the gate in the residence of the above C, and entered the gate by generating the gate, and brought the shoulder of the victim D (the age of 54) who prevented the defendant from committing the act, and the above victim was quihed with water and chest as a sawh, thereby causing an injury to the above victim, which requires approximately two weeks of treatment, and committed assault by taking the shoulder of the victim E (the age of 48) in his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. A written diagnosis of injury (fore, 56 pages of investigation records);

1. Application of the Acts and subordinate statutes to the damaged parts of photograph (D), photograph, and motion picture susb;

1. Relevant Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of injury and the choice of fines) concerning 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 (1) 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;