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(영문) 춘천지방법원 2017.05.11 2017고정11
상해
Text

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

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

Reasons

Punishment of the crime

On September 5, 2016, the Defendant: (a) filed an accusation against the victim D (68 tax) on September 15, 2016; (b) filed an accusation against the victim for a violation of the Building Act; and (c) filed an accusation against the victim on September 15, 2016, the Defendant imposed a fine every year on the victim on the ground that the payment of the fine was made.

“In addition, the victim’s left right end is walking along, and the victim’s head was faced with the victim’s head by getting the neck and the part of the neck, etc., and the victim suffered injury, such as the victim’s head was faced with the floor for about two weeks, such as the victim’s head was faced with about two weeks’s treatment.

Summary of Evidence

1. Each legal statement of witness E and D;

1. Arrest report of the occurrence of the case, on-site photographs, opinions, and investigation report (Attachment to a summary order against the suspect in violation of the Building Act) / The defendant and his defense counsel asserts that there is no fact of assaulting the victim.

However, since victims D have consistently made specific and consistent statements about the violence situation, such statements are not contradictory to E's statements, field photographs, and opinions, and credibility is recognized in light of these circumstances.

In this context, comprehensively taking account of all circumstances such as the fact that the defendant paid a fine upon the victim's report of violation of the Building Act and received complaints against the victim from various administrative disadvantage, it is recognized that the defendant inflicted an injury by assaulting the victim like the facts stated in the judgment of the court

Application of Statutes

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

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;

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