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(영문) 창원지방법원 진주지원 2014.11.19 2014고정234
상해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 10:20 on February 21, 2014, the Defendant reported that the victim E (n, 67 years of age) had a paper stuff at a garbage discharge site, and raised an objection thereto. The Defendant expressed the victim E’s desire to do so, and she was able to see the breath from the victim F (the age of 61), and she was able to flick down the breath in hand, and the flicked the breath from the victim F (the age of 61). The Defendant expressed the victim F’s desire to flick the breath, and expressed the flick part of the left part to drinking.

As a result, the Defendant committed various gambling cases requiring approximately two weeks of treatment to the victim E, and the victim F, with approximately two weeks of treatment.

Summary of Evidence

1. Each legal statement of witness E, G, F, and H;

1. Application of Acts and subordinate statutes to the injury diagnosis statement and opinion statement;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. When the Defendant was under contact with the victim H(67 years of age) who was the husband of the above E, who was under contact at the time and place in the facts charged as indicated in the facts charged, the Defendant blicked the victim H’s blick, and assaulted the victim’s blick at one time with the hand floor.

2. We examine the judgment. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. Since the victim H withdraws his/her wish to punish the defendant on October 1, 2014 after the institution of the instant indictment, this part of the indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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