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(영문) 인천지방법원 부천지원 2019.05.09 2019고단34
상해
Text

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

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

Reasons

Punishment of the crime

The defendant is the victim B(n, 45 years of age) and the legal relationship.

피고인은 2018. 12. 18. 23:50경 부천시 C에 있는 피고인과 피해자의 주거지 안방에서 피고인의 외도 사실을 알게 된 피해자로부터 그에 관한 추궁을 당하자 피해자에게 “여자를 만나든지 말든지 네가 무슨 상관이냐”라고 말하며 손바닥으로 피해자의 빰을 1회 때렸다.

As above, the Defendant continued to leave the victim as a ward in order to avoid the above circumstances, and followed the victim’s phrase “Isk, which is not in one’s own normal situation, women’s walk or sk,” followed by assaulting the victim by assaulting the victim, such as making the head of the victim one time, making the head of the victim’s head one time, making the part of the victim’s left back with his/her hand, and making it possible for the victim to take the part of the victim’s left back with his/her hand, thereby causing about two weeks of medical treatment.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning B;

1. Investigation reports (statements of related persons);

1. Photographs;

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

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 defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, denies the crime on the date of the first trial by investigative agency and the first instance court, but acknowledges and reflects the crime.

Although it seems that the extent of the Defendant's assault or the degree of the victim's injury is not significant, the mental suffering of the victim seems to have been considerable.

The defendant and the victim's children at the time of fighting, taking into account the circumstances of fighting, the defendant's failure to receive a letter from the victim, etc., shall be determined as per the order.

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