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(영문) 부산지방법원 2014.08.28 2014고정2381
상해등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No debt collector shall assault, threaten, arrest, arrest, or detain a debtor or his/her related person in connection with debt collection, or use a deceptive scheme or force against him/her.

Nevertheless, around 18:40 on April 18, 2012, the Defendant: (a) committed assault against the victim, on the street, such as “Chos, the same year, why you do not pay the money, why you do not pay the money, and what you do,” on the ground that the victim B (the age of 54) borrowed KRW 500,000 from D, a woman living together with the Defendant, who is the Defendant’s woman living together with the Defendant, but did not repay the money.” (b) The Defendant assaulted the victim’s neck by hand.

As a result, the defendant assaulted the victim who is the debtor in relation to debt collection, and caused the victim to spawned a hole which requires approximately 14 days medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

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

1. Articles 15 (1), 9 (1) 1, and 257 (1) of the Act on the Fair Debt Collection Practices and Article 15 (1) of the same Act concerning facts constituting a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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

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