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(영문) 서울북부지방법원 2016.08.11 2016고정298
상해등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant and the victim C(58 tax, leisure) are the workplace club relationship as a D insurance designer.

1. On November 04, 2015, around December 12:30, 2015, the “12:03” of the facts charged in the instant case is deemed to be a clerical error in the “12:30.”

In Dongdaemun-gu Seoul, Dongdaemun-gu and the fourth floor "D" office, the victim's head debt was kneeped and the victim's head was required to receive two weeks' treatment, such as the right hand knife and the right hand knife.

2. The Defendant told the victim of the time, time, place, and reason as mentioned in the foregoing paragraph 1 that “the victim will grow up and Chewing.”

As a result, the Defendant abused the victim openly while the workplace’s clubs are kept.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 257(1) of the Criminal Act (the point of injury), Article 311 of the Criminal Act (the point of insult), and the selection of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order constitutes a justifiable act that is reasonable to the extent that is acceptable in light of social norms. However, in light of the circumstances and motive of the instant case acknowledged by the evidence presented above, the defendant's act does not constitute a justifiable act that is reasonable to the extent that is acceptable in light of social norms.

Therefore, the defendant and his defense counsel cannot be accepted.

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