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(영문) 대전지방법원 2014.04.18 2013고정2405
상해등
Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

1. Injury;

A. On November 22, 2012, around 10:00, the Defendant, at the entrance of the “C” located in the Daejeon Dong-gu Daejeon, and on the ground that the victim D (n, 39 years of age) was the Hague, brought an injury on both hand to the victim’s neck, which was shacked by a bad hand, and was in need of treatment for about 14 days for both 14 days.

B. At around 23:00 on the same day, the Defendant, at the main point of “F” located in Daejeon Dong-gu, Daejeon, brought about about approximately 14 days on the left-hand part of the victim’s chests by having been pushed down once after having brought about a dispute with the said victim and having taken a single head.

2. On November 29, 2012, around 23:30 on November 29, 2012, the Defendant destroyed the damage of property by destroying the glass windows equivalent to KRW 40,00 of the market price, which is the victim’s possession, on the ground that the victim did not open the door from the front corridor of the said victim’s house at Daejeon Dong-dong G apartment 301, 501, Dong-gu, Daejeon, and on the ground that the victim did not open the door.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning D;

1. A written diagnosis of injury;

1. Application of the written estimate statutes;

1. Relevant Article 257 (1) of the Criminal Act and Article 366 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. In full view of all the circumstances, such as the motive for the crime of sentencing under Article 334(1) of the Criminal Procedure Act, the form of the act, the degree of injury, the market price of damaged property, and the agreement with the victim, etc., the sentence of KRW 500,000 was imposed within the scope of the sentencing range (a fine not exceeding 15 million).

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