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(영문) 대전지방법원 2013.07.25 2012고정1748
상해등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant and the victim were living in Seo-gu, Seo-gu, Daejeon, 101 Dong 201, and the victim D were living in the same 301 Dong, and the defendant and the victim continued to live in the apartment noise problem.

1. On March 11, 2012, the Defendant causing property damage: (a) around 20:00, on the ground that the victim’s family members of the above apartment house 101-301-301-301-dong 1, had been living together with the victim, and (b) caused a dispute with the victim, and (c) was walking the apartment door of the above 301-dong 301-dong 301-dong 301-dong 301, thereby damaging the repair cost of KRW 2.9 million.

2. The injured Defendant: (a) knicked the victim’s neck by hand at the time, at the same time, and at the same place as above 1; and (b) flicked the victim’s back.

The Defendant continued to spawn the Defendant with the victim’s face at least twice in drinking, and had the victim undergo a spawn and the left-hand spawn test that require approximately three weeks of treatment.

Summary of Evidence

1. The defendant's partial statement in the seventh trial records;

1. Legal statement of witness D;

1. A protocol concerning suspect examination of D;

1. A medical certificate of injury, a medical certificate (D), and a statement on presumption of future medical expenses;

1. Written estimate;

1. Application of Acts and subordinate statutes for medical treatment;

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 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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