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(영문) 대전지방법원 논산지원 2013.09.13 2013고정75
상해
Text

1. The defendant shall be punished by a fine of 300,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

On August 19, 2012, at around 18:30, the Defendant, along with the Defendant, divided into two parts of the Victim C (Inn, 58 years of age) and the shoulder part of the said restaurant employee, and committed assault to the victim for approximately three weeks of treatment, thereby causing injury to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. According to the medical certificate of injury and the evidence duly admitted and examined by the court as the grounds for conviction of each investigation report, the fact that the Defendant was in charge is recognized as having taken two times the part of the victim’s neck and shoulder in the following behind the victim in the process of soliciting the victim to “satisfing the sound and meal” after being punished by the victim.

However, even though the defendant committed the victim's timber and shoulder in the above intent, from the point of view that the defendant, as a middle-year woman, could feel a considerable pain by only taking charge of the trees and shoulder behind him/her, and the victim did not demand the defendant to injure his/her massage, and the defendant was in charge of the victim's timber and shoulder only once even though he/she told the victim that he/she was "not" after having taken charge of the victim's timber and shoulder only once after having taken charge of the victim's bodily power, it can be recognized that the defendant suffered the same injury as the statement in the judgment of the victim by exercising his/her physical force.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The amount of damage under Article 25 (3) 2 and 3, and Article 32 (1) 3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Dismissal of Application for Compensation is specified;

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