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(영문) 창원지방법원 통영지원 2015.10.16 2015고정280

상해등

Text

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

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

Reasons

Punishment of the crime

1. On September 8, 2014, around 8:00, the Defendant intrusiond the victim’s residence through an open gate without the victim’s permission, following the following: (a) the Defendant, at the vicinity of the victim D’s residence located in C at C, had the victim, who is not good in a usual manner, talks with the victim’s dwelling.

2. The injured Defendant spawed salt on the ground that salt was spawned at the time and place specified in Paragraph 1, and was spawned into the victim’s behavior outside the main gate by putting spawn, and spawned several times with the victim’s chests, and spawned into several spawns, thereby causing injury to the victim in need of treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of police suspect regarding D;

1. The written diagnosis of injury (in full view of the contents and degree of the Defendant’s act recognized by evidence, the Defendant violated the victim’s residence and inflicted bodily injury upon the victim as stated in the facts constituting an offense beyond the passive resistance, and thus, the Defendant’s act cannot be deemed as an emergency evacuation or a justifiable act. Accordingly, the defense counsel’s assertion is not acceptable).

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.