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(영문) 창원지방법원 2017.11.08 2017고단3160
상해
Text

Defendant

1. A shall be punished by a fine of 2.5 million won;

If the defendant fails to pay the above fine, money is made.

Reasons

Punishment of the crime

Defendant

A around 16:20 on May 5, 2017, at F Co., Ltd. E, a company located in Kimhae-si, discussed the method of piling up the victim B (n, 51 years of age) and the packageed goods, and the two descendants, who exchanged each other’s bath, set up the victim’s head debt with the victim’s hand, and turned out the victim’s right bridge with the victim’s hand, and the victim’s right bridge was 42 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 (1) of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order;

1. The summary of the public prosecution dismissing the public prosecution of Article 186 of the Criminal Procedure Act (the basic fee of 300,000 won for the national defense counsel) was assaulted by both descendants during the dispute with the victim A (the age of 54) at the same time and place as the criminal facts in the judgment.

Judgment

The prosecution shall be dismissed by judgment pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, since the victim specified his/her intention not to prosecute after prosecution.

The former sentence of imprisonment with prison labor (non-establishment of sentencing criteria: Fine of 2.5 million won and grounds for increasing the burden of litigation costs: confession, victim's non-prosecution of punishment, absence of domestic criminal records, etc.

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