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(영문) 서울중앙지방법원 2014.05.09 2013고정6405
상해
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 16, 2013, at around 12:45, the Defendant used violence at the victim E (or 30 years of age) who was living in the leased house in Gangnam-gu Seoul Metropolitan Government, and the return of the lease deposit following the expiration of the lease, while the Defendant had a dispute over the return of the lease deposit, the Defendant was able to take the face from the victim first, and was able to take the face from the victim first.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on witness E's partial statement;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The Defendant: (a) around 12:45 on July 16, 2013, at around 12:45, suffered bodily injury, such as non-dynamic dys, which requires treatment for approximately three weeks in consideration of the victim’s face to be counted from the victim, while engaging in dispute with the return of lease deposit upon the expiration of the lease contract with the victim E, who was living in the leased house in Gangnam-gu Seoul Metropolitan Government.

2. The summary of the defendant's and his defense counsel's assertion was the fact that the defendant sleeped as the victim's sleep, but did not inflict any injury on the victim, such as non-dynamic flood infection, which requires treatment for a period of three weeks.

3. As to the Defendant’s charges of assault against the victim, whether the victim suffered the above injury due to the Defendant’s act is examined.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the witness F’s statement and the injury diagnosis statement as shown in the facts charged are insufficient to believe, and the victim’s statement E in this court, and the police officer against E.

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