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(영문) 서울중앙지방법원 2016.04.20 2016고정763

상해등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

[2016 High Court Decision 763]

1. On October 18, 2015, around 16:40 on October 18, 2015, the Defendant talked about the victim D(56) before drinking alcohol together with the victim D (56) in front of Jung-gu Seoul, Jung-gu, Seoul, and the Defendant did not view the victim as the victim was asked to go beyond himself/herself and asked him/her.

On the ground of a false answer, the victim's face was taken four times in drinking, the victim's face was cut, the victim's drafting was cut, and holeed on the left inside of the port.

[2016 High Court Decision 764]

2. On October 19, 2015, around 20:45, the Defendant assaulted the victim G (61) face, head, etc. of the victim G (61) who was seated in the wheelchairs, without any reason, in front of the Fow in Seoul, Jung-gu, Seoul, on several occasions.

[2016 High Court Decision 765]

3. On October 24, 2015, around 19:2, the Defendant, on the 19:3rd floor operated by the victim H in Jung-gu Seoul, Jung-gu, Seoul, was seated on the corridor that he/she would receive from the victim, and he/she was requested by the victim to leave the corridor, but he/she was reported, and he/she was seated for about one hour until the police officer was dispatched, and thus, he/she refused the victim's request for withdrawal without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. Application of Acts and subordinate statutes on photographs of injuries inflicted on victim D;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury, the selection of fines), Article 260(1) of the Criminal Act (the point of violence, the selection of fines), Article 319(2) and Article 319(1) of the Criminal Act (the fact of refusing to comply with the eviction and the selection of fines) concerning criminal facts;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;