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(영문) 청주지방법원 영동지원 2016.04.21 2015고정79

상해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On September 20, 2015, at around 08:45, the Defendant damaged the victim’s property by hand on the ground that the victim’s cell phone, which was scam scam scambling the head of the victim’s cell phone and scam scambling the victim’s cell phone scam 269,170 won, by cutting down the victim’s head to the floor and cutting down the cell phone scam scam in front of the YY-gun, 2015.

2. At the time and place of the injury as referred to in paragraph 1, assaulting the victim E’s face face by hand for the foregoing reason, thereby causing an injury to the victim, such as an open room to 21 days for viewing that the victim needs medical treatment, and a malicious dystypile typing, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each investigation report (the sequence 8,9 of evidence list);

1. A damaged photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (with respect to the punishment heavier than that of an injury), which shall be aggravated for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the main points of the claim are the fact that the defendant was scam of the victim's head debt with his hand, there was no intention to damage the defendant's mobile phone, such as not knowing that the victim was scam of the victim at the time.

2. According to the evidence duly adopted and examined by this court, it is recognized that the victim was her cell phone at the time when the defendant was sleeped with the victim's hair.

In addition, from the point of view (08:45 square meters) at the time of addition, surrounding situations, etc.