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(영문) 대전지방법원 2017.11.10 2017고정111
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

1. On May 9, 2016, the Defendant refused to withdraw from his/her family on the ground that a victim D (n, 51 years of age) who was within his/her home located in Geumsan-gun, Chungcheongnam-gun, Geumsan-gun, was forced by the victim to request the victim to leave his/her home three times at his/her home on the ground that he/she did not perform his/her funeral to the parent of the Defendant, but did not comply with the request without justifiable grounds.

2. In the above time and place, the injured Defendant inflicted an injury on the victim, by putting the victim’s upper arms on the floor of the said victim, which had been on the floor of the said place, and passing over to the math of the said victim, thereby causing the victim to undergo approximately four weeks of medical treatment, such as the erogate, tension, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article 257(1) of the Criminal Act, Article 257(2) and (1) of the Criminal Act, Article 319(2) of the Criminal Act, and Article 319(1) of the Criminal Act, and selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. As to the assertion and determination as to the refusal to withdraw

A. The alleged defendant, when the victim demanded the eviction once, has immediately withdrawn.

There is no failure to comply with a victim's eviction request.

B. 1) According to the evidence duly adopted and examined by this court, the following circumstances are acknowledged, namely, ① the victim requested the defendant to leave several times consistently from the investigative agency to the court, but the defendant did not comply with this request.

The statement is made, 2nd Huner E also refers to the specific contents of the defendant's speech at the time by the investigative agency, and "the defendant continues to hold a branch of detention."

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