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(영문) 대전지방법원 홍성지원 2013.12.09 2013고정68

상해등

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

1. On September 29, 2012, the injured Defendant: (a) around 20:25, the mother of the Victim C (32 years of age) of the B Apartment 101 and 308 (32 years of age) of the B apartment house 101 and 308, in front of the house of D; (b) caused noise by D et al. on the victim’s upper floor of his/her residence; and (c) brought about disputes with the victim, the injured Defendant was salpted with the victim’s left hand by sprinking the victim’s flab; and (d) was spicking the victim’s left snow part of the victim’s body one time to undergo medical treatment for about 10 days.

2. At the time and place mentioned in paragraph (1) above, the Defendant committed assault against the victim, i.e., the victim D (man, 53 years old), who is the mother of the said C, was able to control the Defendant, by cutting down the victim’s head debt, skeing the victim’s right shoulder with left hand, and pushing down the victim’s right shoulder.

Summary of Evidence

1. Part of each protocol concerning the examination of the suspect against the defendant;

1. A protocol concerning the examination of suspect by the police against C or D;

1. Statement of the police statement of E;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (C);

1. Relevant Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of injury and the choice of fines) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for heavier injury);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;