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(영문) 부산지방법원 동부지원 2020.05.21 2019고정444
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 10:00 on October 30, 2018, the Defendant urged the victim D (the age of 66) to pay overdue wages and allowances for pre-determination of dismissal on the second floor of the C household factory located in Nam-gu Busan Metropolitan City, the Defendant, at one hand, led the victim to the third floor of the above factory, leading the victim to the third floor of the factory, leading the victim with flabing bat of the victim and attaching flag belts with other hand, and inflicted injury on the victim, such as the 15-day salt, tension, etc.

Summary of Evidence

1. Statements made by witnesses D in the second protocol of the trial;

1. Results of the response of the order to submit documents to the hospital, results of the response to the Busan Regional Headquarters of the National Health Insurance Corporation;

1. An interrogation protocol of the accused by the prosecution (including D substitute part);

1. Each police protocol of statement of D, F, and G (including a medical certificate);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. Summary of the assertion

A. Although the Defendant was less than the victim’s boom belt, the Defendant did not catch the victim’s breath or boom the victim’s breath.

B. Even if the Defendant’s act of taking the victim’s blick belt constitutes “Assault” under the Criminal Act, it is a justifiable act that aims to put the victim’s attempt to flee without dialogueing the victim’s wages with delayed payment of wages, and thus, constitutes a justifiable act.

2. Determination

A. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court as to whether the Defendant inflicted an injury on the victim, it can be sufficiently recognized that the Defendant suffered an injury by exceeding the victim during the process of demanding the payment of wages, etc. to the victim.

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