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(영문) 광주지방법원 2020.04.09 2019고단3757

폭행치상

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On April 11, 2019, the Defendant was sentenced to one year of imprisonment for perjury at the Gwangju District Court, and the judgment became final and conclusive on September 16, 2019.

【Criminal Facts】

The defendant is the chairperson of the B-Preferential Association, and C (53 years of age) is a person who was a member of the said special preferential association.

At around 12:30 on May 23, 2018, the Defendant: (a) had the victim taken a group photograph with members of a fright club in front of the club “Econium” located in Naju-si D, and had the victim suffered bodily injury, such as a string of closed strings that require a four-day medical treatment on the road, a son “packer is not a member, who is not a member, has taken his/her photograph on why is why he/she left his/her chest.” The Defendant had the victim go beyond the center by pushing the victim with his/her breast part of his/her chest, and caused the victim to suffer bodily injury, such as a string of 4-day treatment, both hand and hand, and any other part of the road.

Summary of Evidence

1. Each statement made with respect to C, F and G in the second protocol of trial;

1. The prosecutor's protocol of interrogation of the accused that there is a statement that the victim's chest was recorded in his/her hands at the time and place as indicated in the judgment of the accused;

1. Each injury diagnosis letter;

1. Previous convictions in the judgment: Criminal records, investigation reports (case under trial), court rulings and case search records, and the report on the previous records and results of confirmation [ although the defendant and his defense counsel asserted that the victim's chest was not a sensitive person, according to the victim's consistent statement and the witness's statement at the time and on-site witness's statement, etc., it is sufficiently recognized that the defendant committed assault and inflict bodily injury as stated in the judgment of the court];

1. Relevant provisions of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act concerning the selection of criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.