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(영문) 서울서부지방법원 2015.05.06 2015고정145

상해등

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

Defendant

A is residing in Seodaemun-gu Seoul, Seodaemun-gu 103, and the victim D(n, 70 years of age) resides in the same building 203, and the defendant is the owner of the above 203 and the lawsuit.

1. Around 08:00 on June 30, 2014, the Defendant, who entered a residence, said that “the victim was able to go off” to the victim, and the victim opened an entrance and opened the entrance, thereby infringing on the victim’s residence.

2. At the time, at the time, at the place, at the preceding paragraph, the injured Defendant inflicted an injury on the victim, such as dump, bones, tension, etc. on the part of the victim, which requires approximately 2 weeks of treatment by driving down the victim’s flaps, leading the victim’s flaps, leading the victim’s flaps, leading the victim’s flaps, leading the victim to the flash, leading the victim to the blad.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

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

1. Relevant Article 319 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of a fine for a crime, the choice of a penalty, and the choice of a fine for a 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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Around 08:00 on June 30, 2014, the summary of the facts charged: (a) the Defendant threatened the victim by stating that “A governance 1 minute, and a construction would have been completed; (b) the victim would have threatened the victim.”

2. Of the facts charged in the instant case, the crime of intimidation is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. Since the victim D withdraws his/her intent to punish the Defendant on April 17, 2015, Article 327 subparag. 6 of the Criminal Procedure Act.