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(영문) 수원지방법원 안양지원 2013.09.11 2013고정287

상해

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 20, 2012, around 20:10, the Defendant: (a) 106-dong C Apartment 106-dong underground sports center in Gyeyang-gu, Manandong-gu, Annyang-gu, and (b) Dobbbbbbbbbbbbin on the ground that the victim D (n, 34 years old) too much big music would interfere with the Defendant’s living, and (c) caused the victim to inflict an injury on the victim, such as a booming box, which requires approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Application of Acts and subordinate statutes to photographs (victims' damaged parts and scene images) and medical certificates;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defendant asserts that the defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act was not true, but did not have the victim's intention, and that there was no intention of injury.

In the establishment of the crime of injury, there is sufficient awareness of assault, which is the cause of the injury, and there is no need for the existence of the intention to commit the injury, and the intention of the crime of injury is sufficient.

The subjective element of the constituent element of a crime refers to the case where the possibility of occurrence of a crime is uncertain and it is acceptable. In order to have dolusence, not only the awareness of the possibility of occurrence of a crime but also the internal intent to allow the risk of occurrence of a crime. Whether or not an offender is aware of the possibility of occurrence of a crime must be determined by the general public on the basis of specific circumstances, such as the form of an act and the situation of an act that is externally revealed, without depending on the statement of the offender.