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(영문) 제주지방법원 2013.05.24 2013고정159
상해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 20:00 on June 1, 2012, the Defendant: (a) claimed that the victim D (the former spouse, the 30 years of age) applied the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her shes

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D's testimony;

1. As to the Defendant’s assertion of the copy of the death diagnosis report, the Defendant asserted that the elbane of the Defendant was in contact with the victim’s face while keeping the victim in mind, and that the Defendant did not intentionally interfere with the victim’s face. However, the victim’s statement that corresponds to the facts charged is consistent with the specific and main parts, and there is no objective unreasonable aspect in its content, thereby recognizing its credibility.

We cannot accept the Defendant’s assertion on a different premise.

Application of Statutes

1. Relevant legal provisions concerning criminal facts and the choice of punishment: Article 257 (1) 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 by taking into account all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The injury suffered by the victim is not serious; the victim has agreed with the victim; there is no record of criminal punishment exceeding the same criminal record or fine; and there is no record of criminal punishment: The motive for the crime, circumstances after the crime was committed, and the age, occupation, and economic conditions of the defendant; and

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