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(영문) 창원지방법원 진주지원 2013.10.17 2013고정360
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

At around 2004, the Defendant and C newly built a stable adjacent to each other. C, having no access road to a stable, requested D to temporarily use his dry field as an access road only until the coast road is created, without any conditions, and the Defendant and C also used a dry field as an access road to a stable.

However, at around 2007, when the coast road is opened in the future of a stable, C had a access road that can enter a stable through its own dry field in order to comply with the commitments with D, but the Defendant still used the dry field as a access road, and C was said to move the access road to another place in order to implement the commitments with D. However, the Defendant’s disregarded that it would not be good for each other.

1. On September 29, 2012, around 08:00, the Defendant 200: (a) with sound that the victim C would change the access road to livestock pens in front of the Defendant’s stable located in Ha-dong, Ha-dong, Ha-dong, Hanam-gun, around 08:0, she saw the victim into the right side of the road that the victim C would have to provide approximately seven-day medical treatment by cutting the shape of the rest of the victim.

2. The Defendant, on the ground that the Victim F, who is the wife of C who observed the dispute set forth in the above paragraph 1 at the same time and at the same place as the above paragraph 1, is frightened, he was frightened with a chest for about 14 days to be treated for the female on one occasion, on the ground that the dispute was raised by the victim F, who was the wife of C.

Summary of Evidence

1. Each legal statement of witness C and F;

1. The police suspect interrogation protocol against C, F, and Defendant;

1. Each injury diagnosis letter to C and F;

1. Application of statutes on field photographs;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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