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(영문) 수원지방법원 2016.12.15 2016고정1631
상해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

【On April 5, 2016, the Defendant, at around 21:20 on April 5, 2016, 2016, hereinafter the victim E (50 years old) who is an employee of the same business place, she saw the victim’s face, blickness, etc. to escape from a disturbance that she saws a scam, scam, and scam, by entering a scam in the cam of Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant sustained the victim’s scam and tension, when she met the victim’s face, scam, etc. by drinking a horse.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and F;

1. Duplicative photographs of the assault;

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

1. Relevant Article 257 (1) of the Criminal Act and the choice of a fine for the crime;

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

1. The part not guilty under Article 334(1) of the Criminal Procedure Act, 【2016 High Court Decision 1632】

1. On April 18, 2016, the Defendant violated the Punishment of Minor Offenses Act filed a false report with a public official in charge of a crime or a disaster not reported (No. 6942) using a Handphone (G) on the following content: (a) the fact that the Defendant was under the influence of alcohol in the Chang-si, Suwon-si, the Chang-si, the Chang-si, and the customers' parking lot in the dong market was located in a 112 report (No. 6942).

2. The prosecutor charged this part of the facts charged by applying Article 3(3)2 of the Punishment of Minor Offenses Act (Article 3(3) of the Punishment of Minor Offenses Act “No. 1” as stated in the indictment), which is a provision punishing “a person who files a false report to a public official on an unreported crime or a disaster.”

However, according to the facts charged, the contents of the Defendant’s 112 report are as follows: “The Defendant’s 112 report carries a fine, so it does not constitute a crime or disaster.” As such, the Defendant’s charges are not charged.

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