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(영문) 서울중앙지방법원 2018.09.28 2018고단5210

상해등

Text

Defendant

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

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

1. Defendant A's criminal facts

A. On May 7, 2018, at around 03:35, Gangnam-gu Seoul, Gangnam-gu, 120-gil33, as Gangnam-gu Seoul, and at the front of the present elementary school, the victim B (24 years of age, south) was a defect in the vehicle in which the victim B (24 years of age, south) was placed in the way to play on the vehicle in the Defendant’s operation, and was in dispute with the victim, and the victim was faced one time with his head, and the victim’s face was stuffed once a week.

As a result, the Defendant inflicted injury upon the victim in need of medical treatment for 21 days, by cutting the bones of bones.

B. A special intimidation: (a) committed the act such as “A” at the same time and place as “A”; and (b) tried to display a view of alinium materials, which are dangerous objects at the between the two vehicles and the between the two vehicles; and (c) tried to display the victim and the victim twice twice.

Accordingly, the defendant threatened the victim with dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. B written statements;

1. Application of Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the selection of fines for the crime;

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;

2. Defendant B - Dismissal of prosecution

A. On May 7, 2018, the Defendant: (a) around 03:35, Gangnam-gu, Gangnam-gu, Seoul; (b) around 33, 120-gil, and at the front of the present elementary school, the Defendant asserted the assault of A, such as the description of paragraph (a) of the same 1. on the roads of the present elementary school; and (c) was drinking twice at the eye of the victim (36 years of age, South) and twice at the border of the back and back head.

Accordingly, the defendant assaulted the victim.

B. (1) Determination: Article 260(3) and (1)(2) of the Criminal Act provides that a victim of August 10, 2018, after the institution of the instant indictment, does not wish to punish the Defendant or wishes to punish the Defendant.