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(영문) 수원지방법원 2019.09.27 2019고정649
상해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 1, 2018, at around 12:00, the Defendant, at the residence of Suwon-si, who was located in Suwon-si B, caused the Defendant’s laundrying dispute with the use of the washing machine, caused the victim D, who is a person with disabilities, to restrain the victim’s activity support agent (the age of 53), and caused the victim’s injury, such as a vegetable breath, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Each legal statement of D and C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the investigation report (8 pages);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 334(1) of the victim D and witness C’s investigative agency and witness C’s statement in this court are mutually consistent, specific, and consistent with the written diagnosis of injury. As such, it is sufficiently recognized that the above victim was injured as stated in the criminal facts in the judgment of the defendant. In addition, the Defendant’s crime of this case constitutes a harmful act beyond the limit of passive defensive act, since the act of defense at the same time consists of both areas, which are the act of attack, and it cannot be deemed that the Defendant’s act constitutes self-defense.

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