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(영문) 대전지방법원 홍성지원 2018.11.28 2018고단715
상해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, as the representative director of the Company B, is a person operating livestock pens in the “D farm in Chungcheongnam-gun, Hongsung-gun,” and the victim E (46) is an employee of the Private Group affiliate “G”, a subsidiary company of F, an incorporated agricultural company that won the above farm in the discretionary auction procedure for the above D farm around February 2018.

On June 27, 2018, around 13:00, the victim, etc. visited the above farm with enforcement officers for the execution of delivery of the above D farm possessed by the defendant, and the defendant refused to execute delivery, exchanged with the victim, etc.

At around 13:00 on June 27, 2018, the Defendant: (a) sold the victim’s left face one time with his/her right part of the victim’s face in front of the above D farm, and (b) inflicted injury on the victim, such as the combination of luminous bones, bones, and felites that require approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and E;

1. On-site photographs;

1. The application of the law to the opinion and the medical certificate;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The part dismissing the prosecution of Article 334(1) of the Criminal Procedure Act regarding the part dismissing this part of the charges is that the Defendant assaulted the victim by kneeing knee in the victim I’s rear at the time and place indicated on the facts of the crime.

However, this part of the facts charged is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. Since the victim expressed his/her wish not to punish the defendant to this court on November 2, 2018, after the prosecution of this case, the victim expressed his/her intention not to prosecute him/her, the prosecution of this part is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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