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(영문) 서울남부지방법원 2013.09.23 2013고정1894
상해등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant maintained a de facto marital relationship with the victim C (nive, 46 years of age) and was living together at the victim's house, but the victim was in the situation of demanding the eviction of the defendant as the relation was born.

1. On December 1, 2012, around 18:00 on December 1, 2012, the Defendant: (a) carried out a cosmetic operated by the victim in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) carried out an undertaking with male customers whose name and the victim are unknown; and (c) damaged the Defendant to have approximately KRW 300,000 of the repair cost by pressing one copy of the common interest.

The defendant continued to see the face of the victim several times by hand, walking the body of the victim due to an outbreak, and 23-day medical treatment to the left side of the victim.

2. On January 5, 2013, between 11:30 on the same day and 13:55 on the same day, the Defendant repeatedly expressed the victim’s desire to engage in beauty service at the above beauty service room, and interfered with the victim’s beauty service business by force by forcing the victim to put up his/her failure.

Summary of Evidence

1. Partial statement of the witness C;

1. Statement to C by the police;

1. Each written statement of C;

1. Application of Acts and subordinate statutes to C of a medical certificate and an injury medical certificate;

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act, the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

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

1. Judgment on the assertion by a defense counsel (defendants) under Article 186 of the Criminal Procedure Act bearing litigation costs [the total amount of 380,500 won = the remuneration of attorney-at-law who is a public defender 326,500 won + the expenses for witness C: KRW 54,000 per day = KRW 50,000 per day)]

1. The defendant's assertion (1) as to the damage of and damage to property by his/her defense counsel is a chair while he/she fights with the victim.

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