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(영문) 대전지방법원 2013.09.12 2013고단1845
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is currently pending in a divorce lawsuit as the wife of the victim C.

On November 21, 2010, the Defendant: (a) had been in dispute with the victim on the ground that the victim was economically in a residential area located in Daejeon Sung-gu DBD 302 on November 21, 2010; (b) had been in custody of the victim, and had been in custody of the neck of the glass located above the depositor, and (c) had been in the opening of the Babbb where approximately two weeks of treatment is required for the victim.

Summary of Evidence

1. Part of the witness C’s legal statement;

1. A written diagnosis of injury;

1. A certified copy of medical records;

1. Application of Acts and subordinate statutes governing criminal implements photographs;

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

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

1. Parts of the offense under Article 334 (1) of the Criminal Procedure Act against the provisional payment order;

1. The summary of the charge was around 03:00 on November 21, 2010, the Defendant, while making a dispute with the victim on the ground that the victim was economically incapable of taking advantage of his/her financial standing in his/her residence located in Daejeon U.S. D. D. 302, he/she laid down the margin of glass, which is a dangerous object on his/her table, toward the right head of the victim’s right head, and led the victim to approximately two weeks of treatment.

2. Determination

A. As to the above facts charged, the Defendant acknowledged the fact that he had loaded goods to the victim at the time and place as stated in the facts charged and inflicted bodily injury, but asserts that the goods at the time are not left away from glass, but covered by timber.

B. In light of the above, it is reasonable to view each of the statements, injury diagnosis certificates, and medical record certificates in the police of C, the victim of which is the victim, as well as in this court, as evidence that the defendant was found to have left away from the glass, which is dangerous to the victim, and sustained the victim's injury.

First, each of the above statements made by C is consistent to the purport that the defendant was left in favor of himself, but the defendant and C are married to their husband and wife, and they are currently divorced proceedings.

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