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(영문) 서울북부지방법원 2019.10.17 2019고단2618
존속상해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the victim B(the age of 63)'s fraud.

On November 10, 2018, around 00:10 on November 10, 2018, the Defendant inflicted injury, such as damage on the face that requires approximately two weeks of treatment on the part of the victim when fighting with the victim and fighting the horses with the victim, making it difficult to see the part of the victim's face by hand, and taking part of the victim's face by drinking the victim's face.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Each written statement prepared B and E;

1. A criminal investigation report (dynamic image analysis) and a CD attached thereto;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on standing photographs;

1. Relevant Article 257 (2) and (1) of the Criminal Act and Article 257 (2) of the Criminal Act and the choice of fines concerning criminal facts;

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

1. The defendant and defense counsel on the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserts that although the defendant has abused the victim, the defendant does not have any injury.

Although there is extremely minor circumstance accompanied by a assault, if there is no need to treat the situation or inconvenience that would normally occur in daily life, and there is no obstacle in naturally healing and daily life without any need to do so, the crime of injury shall not be deemed to constitute an injury. However, since it is premised on the same degree as the situation that would normally occur in the daily life even though there is no assault, it shall be the injury if the above degree is caused by the assault. It shall not be objectively and uniformly determined whether it damages the completeness of the body of the victim or causes a physiological function, but shall be determined based on the physical and mental detailed state, such as the victim's age, gender, physical strength, etc.

(see Supreme Court Decision 2014Do1726, Apr. 10, 2014). In addition, this Court has duly adopted and investigated it.

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