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(영문) 창원지방법원 마산지원 2020.04.28 2020고정89

상해등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant had a relationship between the victim B (the age of 35) and July 2019.

1. At around 03:30 on January 22, 2019, the Defendant entering a residence intrusion: (a) on the ground that the victim does not open a door to change the front door password and open a door at the victim’s residence located in Changwon-si, Masan-si C, Changwon-si; (b) on the back door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door

2. On July 23, 2019, around 04:30 on July 23, 2019, the injured Defendant committed assault, such as assaulting the victim by setting up against the victim’s assault in his/her residence, walking with the victim by her hand, and drinking away from the victim’s hand, resulting in an injury to the victim, such as a rash, etc., where there is no open two or more wifes in need of treatment for about 20 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol and statement concerning B;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of Certificates of Injury B by Suspect);

1. Article 319 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won;

2. Non-application of the sentencing criteria: Non-application of the sentencing criteria by selecting fines;

3. Gu type of inspection: 2 million won.

4. Determination of sentence: The Defendant invadedd the victim’s residence and inflicted an injury on the victim.

The victims did not recover from damage and did not receive a letter from the victims.

However, the defendant recognizes the crime.

The intrusion of residence is a serious accident, and the injury was done in the course of setting up against the assault of the victim.