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(영문) 제주지방법원 2016.01.14 2015고정751
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 March 24, 2015, the Defendant who intrudes upon a house, was under the influence of alcohol in front of the residence of the victim D (40 tax) located in Jeju Island on March 24, 2015, and the Defendant was able to see the sound from the dog to see, and she was able to see, “Is to see, she is going to her so far.”

As the dog scamscam, the dog scam rad. “,” entered the house through an open gate with the victim, and intrudes on the victim’s residence.

2. In the time, at the place, as mentioned in paragraph 1, the injured Defendant suffered an injury in need of medical treatment in the number of days of treatment by making it difficult to see the victim’s face face several times due to drinking, and destroying the breath by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A report on investigation (D's collection and photographing);

1. Application of Acts and subordinate statutes to photographs of damaged parts (Evidence No. 9, 10 pages);

1. Article 319 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, including the Defendant’s age, sexual conduct, environment, background, means and result of the crime, circumstances after the crime, etc., and the conditions of sentencing as ordered by the victim regarding this case, shall be determined in light of the balance with the criminal punishment that the victim received.

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