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(영문) 대전지방법원 2013.09.27 2013고정771
상해
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

On January 6, 2013, the Defendant: (a) around 21:25, at the Daejeon Jung-gu C Apartment 806, the Defendant: (b) had a dispute arising between the victim D (Nam, 50 years of age) and the inter-floor noise; and (c) had a breath of the victim D’s flapsing, plucking, bucking, and plucking, causing about 2-day medical treatment to the victim D for approximately 2-hours; and (d) had the breath of the victim E (Nam, 19 years of age)’s flapsing at one time with drinking, and had the victim E’s chest part flapsing into the victim’s flab, and flading one time with the victim’s flapsing into the victim’s flab, thereby causing injury to the victim E in need of approximately 2-day medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Statement on F made by the police station with respect to F (a statement that the defendant was floated by the victim D);

1. Medical certificate (D, E);

1. Application of Acts and subordinate statutes to photographs of damaged parts (investigative records 12, 13 pages);

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment;

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. The sentencing of Article 334(1) of the Criminal Procedure Act does not have the same criminal record for the reason of sentencing, considering the fact that there are many defendants in the process of fighting and the fact that the victims’ injury is minor.

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