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(영문) 부산지방법원 2013.10.17 2013고정4032
상해등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. 상해 피고인은 2013. 3. 17. 23:50경 부산 사하구 B에 있는 피해자 C(여, 57세)이 운영하는 D노래방 입구에서 술에 취하여 행패를 부리다 피해자가 가게에서 나가달라고 한다는 이유로 화를 내며 손으로 피해자의 목을 치고, 주먹으로 머리를 2, 3대 때리고, 발로 오른쪽 무릎을 찼다.

As a result, the defendant suffered from the victim C about 14 days of treatment, such as the impairment of the character of the head part of other head part, the string, the string, the tension and the knee of knee, the right knee.

2. On March 18, 2013, the Defendant drafted a false statement of complaint against C with the intention of having C criminal punishment at the public service center of the Busan Western Police Station, which is located in 665, as the Busan Summer-gu, Busan, to have C receive criminal punishment.

At around 23:30 on March 17, 2013, the above accusation statement was a statement that “C was involved in an injury that was salved by saluting itself at the entrance of the Dnonobbb in Busan, and salute B, and saluting one for a long time, and punished for such injury.”

However, there was no fact that C had been sealed by the Defendant.

Nevertheless, on March 18, 2013, the defendant submitted the above complaint to the police officer working for the public service center of the above police station and filed the complaint with C.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 257 (1) and Article 156 of the Criminal Act and the choice of fines for the crime;

1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;

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

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;

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