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(영문) 수원지방법원 2017.05.29 2016고단6245
상해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On August 24, 2016, the Defendant faced with the victim E (19 years of age) and shoulder at the “D” drinking house located in Suwon-gu, Suwon-si, Suwon-si on August 24, 2016, and the victim E made a defect in the victim E’s desire, and made the victim E faces the face of the victim E (19 years of age) and the side of the victim F (19 years of age) to drink it.

As a result, the Defendant committed an internal inception in which the number of days of treatment cannot be known to the victim E, and an internal inception room where the number of days of treatment cannot be known to the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness F, E, and G;

1. Application of the Acts and subordinate statutes to the victim E of an injury inflicted on the victim F, and of the victim E of an injury;

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act and the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed in the heavier penalty against F);

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. In light of the testimony of the victims, the injured party suffered from the victims does not constitute injury as referred to in the crime of injury, since it is possible to recover nature and there is no impediment to daily life.

2. Determination

(a)an injury in the crime of injury means impairing the completeness of the body of the victim or impairing physiological functions;

In a case where there is a very minor circumstance accompanied by a assault and thus there is no need for treatment, and thus there is no obstacle in natural therapy and daily life, it does not constitute the injury of the crime of bodily injury. However, this is premised on the same degree as the wound that may normally occur in the daily life even if there is no assault. Therefore, if the wound exceeds such degree is caused by the assault, it constitutes the injury.

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