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(영문) 부산지방법원 2013.09.09 2013고정1544
폭행치상
Text

Defendant

A shall be punished by a fine of KRW 500,00, and by a fine of KRW 1,500,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On September 16, 2012, around 09:40 on September 16, 2012, Defendant A, while exercising a lien at the site of building E in Busan, Busan, on the ground that the victim B (33 years old) who is the husband of the building owner and ten persons working at the construction site intend to remove the banner, etc. by entering the construction site.

The victim's clothes were cut down, had the victim lose weight-centered and exceeded the floor, and suffered from the victim's injury, such as sludge salt, which requires treatment for about 21 days.

2. Defendant B’s physical fighting, such as setting the victim’s shoulder by setting up against the victim’s assault D (year 53) at the time and place specified in paragraph (1), is a punishment.

The victim had the victim go beyond the floor, and the victim suffered approximately 56 days of medical treatment, such as the side slick, the front slick, and the front slick.

Summary of Evidence

1. Defendant B’s legal statement

1. Each legal statement of witness B, F, and D;

1. Photographs, such as trace of violence of the suspect;

1. A report on investigation (Submission of a medical certificate);

1. Investigation report (suspect B injury diagnosis report and recording file);

1. Investigation reports (medical records, etc. of suspect DNA injury verification data);

1. Application of Acts and subordinate statutes to report on investigation (Submission of a medical certificate, etc. of a victim);

1. Article 262 of the Criminal Act and Articles 262 and 260 (1) of the Criminal Act and the selection of fines for the crimes;

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

1. In light of the fact that each victim expressed his/her intent not to be punished for each of the crimes committed by the Defendants on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, all of the charges of assault originally charged was revoked, and further, measures consistent with the intent of the victims are needed.

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