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(영문) 서울중앙지방법원 2019.06.12 2019고단1174
상해
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A and the victim B (n, 41 years of age) are the persons who are in school system for about five years.

Although the Defendant had 80 million won invested in shares prepared by the victim to subscribe for a house, there were frequent disputes by causing loss of the amount.

피고인은 2018. 12. 5. 23:20경 서울 관악구 C 2층 피해자의 주거지 안에서, 피해자가 “내 돈 내놓아라 사기꾼놈아!!”라며 따지자 화가 나 그녀의 목을 졸라 수 분간 기절시킨 후 깨어나게 하는 등 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of statutes on photographs of damage;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant inflicted an injury on the victim at the end of the dispute with the victim while the defendant was dead.

A punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the occurrence of conflict with the victim’s capital loss may result in the strike at the end of the conflict, and the fact that the defendant appears to have committed the crime in this case at the trial, and that the defendant is against himself/herself at the trial.

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