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(영문) 창원지방법원 2016.07.20 2015나10350
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. On September 26, 2014, the Defendant was charged with summary facts constituting “On August 16, 2014, the Defendant: (a) was issued a summary order of KRW 1 million on October 27, 2014, stating that “Around August 16, 2014, the Defendant laid down the clothes on the Plaintiff’s chest side of the chest and sculping the Plaintiff in front and rear by cutting off the Plaintiff from the stairs by pushing the Plaintiff, thereby causing injury to the Plaintiff, such as salt, tensions, etc., that require treatment for about 21 days.”

( Changwon District Court Decision 2014 High Court Decision 2015No8207). The Defendant filed an application for formal trial and was sentenced to a fine of KRW 1 million on April 10, 2015 (Seoul High Court Decision 2014 Gowon District Court Decision 2015No884), but appealed again and was sentenced to a fine of KRW 500,00 as follows on September 9, 2015 (Seoul High Court Decision 2015Do14764). The judgment of the said appellate court became final and conclusive on November 12, 2015 (Supreme Court Decision 2015Do14764).

At around 08:30 on August 16, 2014, the victim reported that the defendant and the mother of the defendant met with the husband of the victim, and sent the husband to the husband of the victim, and attempted to go to D with D by getting up on the rooftop stairs for punishment of the dispute between D and D.

Accordingly, the Defendant, who is going up to the stairs, prevented the victim from putting the shoulder of each part of the victim, and had the victim go beyond the floor from the stairs to the floor, resulting in the victim's injury, such as chills, tensions, etc. requiring medical treatment for 21 days.

【Ground for recognition】 The fact that there has been no dispute, significant fact in this court, entry in Gap evidence 1, 2, and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. Comprehensively taking account of the above-mentioned basic facts and the purport of the entire pleadings, the Defendant’s shouldered the Plaintiff’s shoulder on August 16, 2014, thereby getting the Plaintiff out of the floor. Accordingly, the Plaintiff may recognize the fact that the Plaintiff suffered an injury, such as cryp dump, etc. in need of treatment for about 21 days.

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