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(영문) 서울서부지방법원 2018.03.07 2017고단3386

상해

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

On May 16, 2017, the Defendant: (a) around 14:00, around 14:00, filed a report in Mapo-gu Seoul building C; (b) the victim D (n, 48 years of age) with this unauthorized intrusion; (c) the Defendant obstructed the front of the door that the victim could not have reported; and (d) the victim’s chest face with the wall to the right end by pushing the victim’s chest; and (d) carried out a string in the right-hand box that requires treatment for about 14 days for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to D or E;

1. A medical certificate of injury and a written confirmation of medical treatment (the victim sustained injury since the police and consistently from the defendant to the court of law due to the purchase of the wall in the wall of the defendant.

The fact that the Defendant stated that the entry into and departure from the apartment leased by the person who reported the new launch was disputed, and the victim was deemed to have 112 reported without permission by the Defendant due to unauthorized intrusion, the Defendant’s apartment, and the victim’s blocking the use of the apartment and faced with each other. The Defendant, a mother of the lessor, did not have to receive the deposit from the Defendant, for the purpose of receiving monetary compensation from the Defendant of the first side where the victim was not expected to receive the deposit from the Defendant.

In full view of the fact that it is difficult to recognize the Defendant’s crime of injury in this case, and the content of the medical certificate of injury issued by the victim immediately after the above dispute is consistent with the part of the victim’s injury, etc.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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;