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(영문) 부산지방법원 2016.11.10 2016고정3210
상해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On March 19, 2016, at the 406 parking lot, the injured Defendant: (a) on March 23:40, 2016, on the ground that the injured party B (here 24 years old) who was in a relationship with the injured party B (here 24 years old) consulted the Defendant with the Defendant to the Defendant’s friendship C; (b) on the ground that the injured party, who was on the part of the Defendant’s her mother-gu car operation, was able to turn off the victim’s left her hand with the Defendant’s hand while driving the car on the top of the D horse-gu car operation; and (c) on the part of the injured party, after having arrived at the chemical ecological park in the same Dong, the injured party’s hand can buck the victim’s left her buck, and she left the victim’s head twice with the 6 Handphone-on nickphone.

As a result, the Defendant committed multiple gamblings that need to be treated for about 21 days to the victim.

2. 재물손괴 피고인은 제1항 기재 일시경 부산 북구 화명동에 있는 화명생태공원에서 제1항 기재와 같이 피고인으로부터 폭행을 당한 후 차에서 내리려는 피해자에게 “니 폰 줘봐라”고 하였고, 피해자가 이를 거절하자 피해자 소유의 시가 약 100만 원 상당의 아이폰 6 핸드폰을 빼앗아 차도에 수회 던져 약 48만 원 상당의 수리비가 들도록 위 핸드폰을 파손하였다.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Report on investigation (referring to the arrest place of the suspected suspect, etc. that is the sponsor district, etc.) and the application of attached photograph Acts and subordinate statutes;

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, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is the primary criminal defendant, the defendant agreed smoothly with the victim, and the defendant.

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