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(영문) 전주지방법원 남원지원 2013.04.30 2013고정17
상해
Text

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

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

Reasons

Punishment of the crime

At around 23:00 on November 16, 2012, the Defendant suffered from the victim D (the 31-year old), who is the wife of the Defendant, on the ground that he did not speak himself even after having received 500,000,000 won insurance termination money, and was in a dispute with the victim with the victim due to the balone hand, led the victim's both return from the small side by the balone hand to the inside, and 3:4 times from the balone hand, and caused the victim's injury to the victim, which requires the victim's treatment for three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to an investigation report;

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. The defendant and his defense counsel asserted that Article 334(1) of the Criminal Procedure Act regarding the claim of the defendant and his defense counsel of the provisional payment order had been mistaken for the defendant as the victim was dead and the body of the victim was different from that of the victim, and that the illegality is excluded as a legitimate act.

However, according to the above evidence, even though the victim was found to have suffered from pulmonal difficulties at the time of the instant case, it can be acknowledged that the victim was faced with the victim's face before the victim was married with his mind, and that the victim was at the time of the victim's failure to take stability, such as lying the victim into the victim's body, and the defendant was at the time of leaving the body. In light of such harmful act's process, its contents, degree of injury to the victim, etc., it cannot be viewed as an act for a de facto victim or a legitimate act that does not contravene social norms.

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