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(영문) 광주지방법원 순천지원 2015.10.13 2015고정430
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Although the Defendant and the victim C (the 50-year-old couple) were members of the “D Agricultural Partnership,” the Defendant was expelled in 2013 and lost its membership.

From then to then, the parties who are the representatives of the defendant and the association have a conflict that is difficult to compromise by filing a civil or criminal lawsuit.

In the above circumstances, the defendant and the victim, around 19:1 on February 13, 2015, came to dispute over the management of the above partnership farm in Ma in 19:11 on the management of the partnership farm.

In the process, even though the Defendant demanded the victim who taken the Defendant’s cell phone to take pictures several times, the Defendant continued to take the pictures, and the victim’s hand, who took the cell phone from the victim’s hand, went beyond the victim’s hand, and met the victim’s face. The victim took the cell phone from the victim’s hand to the victim’s hand, and took the photograph again with the victim’s hand, one time.

As a result, the Defendant inflicted an injury on the victim regarding the “insect and tension” that requires approximately 14 days of treatment.

Summary of Evidence

1. The defendant's partial statement (a statement to the effect that there has been any dispute with the victim's husband or wife);

1. A witness F or C's legal statement (as a witness makes a consistent statement from the investigative agency to the fact of damage as stated in its ruling, it is reliable to believe that such statement is being made);

1. Statement made to F and C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

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