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(영문) 전주지방법원 군산지원 2017.04.12 2017고정19
상해
Text

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

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

Reasons

Punishment of the crime

On July 9, 2016, the Defendant: (a) the victim D (66 years old) who is an apartment security guard, receives a written consent for and against the resolution of dismissal of the members of the apartment election management committee from the following apartment of C apartment that the Defendant, located in Ysan-si B around 18:30 on July 9, 2016, to the victim who attends the meeting to the residents, “I wish to do so.”

‘A loudspeaker, which was cited by his/her hand while preventing him/her from doing so, has reached a large number of voices with his/her return.

As a result, the defendant suffered damage to the injured party that needs to observe about four weeks of the lapse of the four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Investigation reports (Attachment to CDs at the scene of crime), screen pictures of on-site CCTV, CDs, investigation reports (based on noise measurement) and results of noise measurement;

1. Application of Acts and subordinate statutes to medical certificates of injury to D;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act does not lead to the recovery of damage to the victim for the reason of sentencing, the circumstances and methods of the instant crime and the degree of injury in this case are not significant (the facts charged in this case are deemed to require four weeks of injury to the victim. However, according to the evidence, it is reasonable to determine that the victim needs to observe for four weeks of injury, and that the situation of the victim has not been improved or that the victim has deteriorated thereafter.

There is no evidence to see as above.

Although the victim appears to have suffered another injury, considering the fact that the part was not prosecuted and that it was not prosecuted, it does not take into account the sentencing, and taking into account other factors such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as stated in the disposition.

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