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(영문) 서울중앙지방법원 2015.04.16 2014고정4630
상해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On May 9, 2014, around 16:24, the Defendant: (a) expressed that the Defendant was unable to properly treat the young children raised by the Defendant at the veterinary hospital operating the victim E (the age of 32) on the first floor of the Seocho-gu Seoul Metropolitan Government D building; (b) took care of the victim’s face; and (c) took care of the victim’s face, the Defendant inflicted injury on the part of the inner part that requires approximately two weeks of treatment.

2. The Defendant damaged the property by harming its utility, such as: (a) failure to properly operate the ultra-frequency machinery equivalent to KRW 2,00,000, in a time and place similar to paragraph (1) of this Article; (b) failure to exhaust the string of the equipment owned by the victim; (c) addition to the strings equivalent to the market price of KRW 750,000,000; and (d) failure to exhaust the strings equivalent to the market price of KRW 100,000 and safety doors equivalent to the market price of KRW 100,000.

Summary of Evidence

1. Legal statement of witness E;

1. A complaint filed by E;

1. Results of hearing on renovation of the USB;

1. Application of Acts and subordinate statutes to investigation reports (verification of market prices and attachment of an injury diagnosis report);

1. Relevant Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of causing damage to property), and the choice of fines for the crime;

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the Defendant and his defense counsel’s assertion assaulted the victim, the body suffered by the victim does not constitute a crime of bodily injury as an extremely minor body naturally cured. On the other hand, the victim revoked the complaint by disclosing his intent not to punish with the Defendant after the instant indictment was instituted. As such, the prosecution against the assault included in the facts charged should be dismissed.

2. The injury of a judgment means impairing the completeness of the body of a victim or impairing physiological functions.

It is extremely important that the wife accompanied by the violence is involved.

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