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(영문) 제주지방법원 2014.10.02 2014고단376
상해등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Around November 15, 2013, when the Defendant was living separately from the wife Victim C (Woo, 35 years of age) and applied to the Jeju District Court for confirmation of intention of divorce, the Defendant did not receive education on care for divorce scheduled at the Jeju District Court.

1. On December 13, 2013, around 13:30 on December 13, 2013, the injured Defendant: (a) around the 2nd entrance of the Emaart 2nd floor operated by the Defendant’s husband and wife located D; (b) the victim resisted into the house; and (c) the victim’s two shoulders were 3 to 4 in both hands, and the victim’s head debt was left by hand.

As a result, the Defendant was sprinked on the two sides and the two sides of the shoulder that require treatment for about two weeks.

2. Around December 14, 2013, the Defendant assaulted the victim by taking advantage of the hats, “Chosia, Basia,” and breath’s desire to see her children at the entrance of the first floor of the Mart 14, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Part concerning C’s statement of the second police interrogation protocol against the defendant

1. Each police statement of C;

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

1. Relevant provisions of the Criminal Act and the choice of punishment against the crime: Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act; Selection of each fine;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. A provisional payment order: A sentence shall be imposed as ordered in consideration of all the following circumstances with regard to the sentencing of Article 334(1) of the Criminal Procedure Act: A favorable circumstance: (a) the recognition of a crime with respect to an assault crime; (b) the first offender who has no record of criminal punishment; and (c) the situation in which the wife is separate from the victim, which alone reports two children: the wife.

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