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(영문) 서울중앙지방법원 2012.10.25 2012고정1145

상해

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the head of the Dongjak-gu Seoul Metropolitan Government management office.

On November 24, 2011, at around 21:30, the Defendant entered the management office under the influence of alcohol while the victim D, victim E, F, and G, who is a resident of the above apartment, was taking countermeasures in relation to the installation of boiler at the above apartment management office, and brought about disputes with the residents, including the victims, and boilers.

During that period, the Defendant: (a) carried the victim’s D et al. two-time so-called so-called the victim, and carried the victim’s saves of the right shoulder, tensions, etc., requiring two weeks’ treatment; and (b) continued to go beyond the victim’s E, thereby causing the victim’s injury, such as salt pans, tensions, etc., in the left-hand part in need of two weeks’ treatment.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. A protocol of partial police interrogation of the accused;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes of ct v materials;

1. Relevant Article 257 (1) of the Criminal Act concerning facts constituting an offense and Article 257 (1) of the Criminal Act concerning the selection of punishment;

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

1. The grounds for sentencing under Articles 70 and 69(2) of the Criminal Act include: (a) the minor nature of the assault and injury in this case; (b) the Defendant has no record of criminal punishment; and (c) the Defendant’s age, character and conduct, family environment, motive and circumstance of the instant crime; and (d) the circumstances after the crime