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(영문) 의정부지방법원 고양지원 2016.02.03 2015고정930

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

The defendant operates a laundry in D apartment shopping mall in which the victim C(71) resides, and there is a gap between them.

On September 2014, 2014, the victim was left to the Defendant’s lag lab lab, but the Defendant continued to do so on the ground that the victim did not have any lab lab lab lab.

On January 30, 2015, the Defendant: (a) around 15:40, the Defendant: (b) sought an original clock in the laund of the laund of the D apartment of Ilsan-gu, Busan-gu; and (c) suffered from the head of the lab in the lab lab lab, which was installed in the lab lab; (d) the victim’s front lab on one occasion due to the two hand during the lab of a mutual dispute; and (e) suffered from the head of the lab lab, which was installed in the lab lab; and (e) suffered from the lab lab on the lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. An injury diagnosis certificate and each medical certificate;

1. The Defendant and his defense counsel asserted the facts charged in the instant case to the effect that the Defendant did not assault the victim, and the Defendant did not go beyond the victim.

However, according to the above evidence, since the facts charged in this case are recognized, the defendant's assertion is not accepted.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. The degree of the type of the Defendant’s force under Article 334(1) of the Criminal Procedure Act, the degree of the victim’s injury, considering the degree of the victim’s injury, the injury has not been recovered, the Defendant’s primary offender who has no record of crime, and other conditions of sentencing, such as the Defendant’s age, sex, criminal conduct, family relationship, criminal history, the background of the instant case, and the progress thereafter.