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(영문) 인천지방법원 부천지원 2017.04.28 2016고정1470
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

The defendant, while engaging in agriculture, has kept one flat container stuff on the road for agriculture, and the victim C (69 years) as a neighboring resident, has been demanding the defendant to move to the same.

On July 26, 2016, the Defendant sought in front of the Defendant’s home located in Kimpo-si D around 08:00, and for the foregoing reason, “I am dead and returned to the Defendant.”

“Along with the victim’s right hand, knenee, knenee, divided his body part, and approximately three weeks of medical treatment was left back, etc.

Summary of Evidence

1. Partial number of defendants in court;

1. The legal statement of the witness C;

1. A written diagnosis of injury;

1. The defendant's photograph [the defendant's photograph] argues that although the victim was less than the stairs that the victim was flick and flicked with the wind, he did not inflict injury on the victim, while the victim was flicking the defendant's arms while flicking the defendant's arms, it did not go against social rules. However, according to the above evidence, the victim's body was knee by cutting down the defendant's right hand, cutting down the defendant's knee and knekel.

Considering the consistent testimony and the fact that the name of illness in the medical certificate submitted by the defendant corresponds to the defendant's argument, the defendant's assertion cannot be accepted since it can be sufficiently recognized as charged of this case.

In addition, as long as the facts charged in the instant case are recognized, the Defendant’s assertion that does not go against social norms on different premise is also unacceptable.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the accused denies his/her criminal act and violence.

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