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(영문) 인천지방법원 2017.12.22 2017고정1987
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

1. On June 21, 2017, around 01:35, at the house of the victim C (40) of the Seo-gu Incheon, Seo-gu, Incheon, 201 (hereinafter “C”) around 01:35, the Defendant damaged the glass of the said window so that the victim was at the house of the victim, by misunderstanding that the victim was shouldering the front door glass of the house, and was at the house of the victim, thereby damaging the repair cost.

2. In order to resist the victim at the above date, time, and place, the Defendant intruded the victim’s residence by raising a shower of the first floor of the victim’s house, and going through the stairs passage to the third floor.

3. In the above time, at the same place, the injured Defendant: (a) prevented the Defendant from suffering the disturbance; (b) took the victim’s chest by hand; and (c) took the victim’s face by drinking the victim, and suffered injury, such as a pellet, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to medical certificates, on-site, and photographs of damaged parts;

1. Relevant legal provisions of the Criminal Act, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of fines, respectively, 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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