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(영문) 서울북부지방법원 2020.12.10 2020고정1087
상해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 19:00 on March 4, 2020, the Defendant, at the dwelling space located in the B apartment C in Nowon-gu, Seoul Special Metropolitan City on March 4, 2020, the Defendant inflicted on the victim D (the age of 42) who is his spouse while giving lessons to the son, saying, “I see why I son’s sound, why I son?? I see, I am the part of the victim’s neck, so I am the victim’s hand, and am the victim’s knife, so I am the victim’s knife, so I am the victim’s knife, so I am the victim’s knife, so I am the victim’s k

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of D in the police interrogation protocol E with respect to D, each police protocol with respect to F;

1. Application of Acts and subordinate statutes concerning injuries, diagnosis reports and photographs;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant and defense counsel of the provisional payment order may assault the victim at the time of the instant case, but the defendant did not have any intention to injure the victim, and the victim did not have any fact of being injured due to the defendant's assault.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court are: (i) at the time of the instant case, the Defendant assaulted the victim on the back part of the victim’s own neck while putting him on the floor; (ii) due to its shock, the victim exceeded the floor; and (iii) on March 5, 2020, the victim was assaulted on the part of the instant case on the part of the instant case, she received a prescription, such as giving an injection and taking an internal medicine, etc. on the part of the neck on March 5, 2020, following the date on which the victim was fried with pain, and (iv) the Defendant knew or could have known that the victim was able to suffer any injury on the part of the said part of the instant case, notwithstanding the fact that the Defendant was able to have known, at the time of said assault.

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