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(영문) 전주지방법원 2015.10.27 2015고정470
재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On February 25, 2015, the Defendant damaged the back of the company house owned by the victim, on the ground that the entrance door is not opened before the company house of the victim C church located in Jinan-gun B located in Jin-gun, Jin-gun, North Korea on February 25, 2015.

2. The injured Defendant got off the victim D, who was under contact with the victim’s wife at the time and time of the preceding paragraph, and at the port of the victim’s wife at the above church, and got off the victim’s neck at one time, and inflicted an injury upon the victim on the victim’s base and tensions that require approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. Each police statement of the E, F, and G;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Article 366 of the Criminal Act and Article 257 (1) of the Criminal Act (the point of causing bodily injury and the choice of fines) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for heavier injury);

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order (the part concerning the crime of injury)

1. The Defendant’s summary of the assertion is only a civil fact with the victim D’s title once.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the victim D statements from the police that the defendant was satisfing his own title once and satisfing his back (Evidence No. 54 pages), ② the witness H stated to the police that the defendant was satisfing his title once and satisfing his back (Evidence No. 64, 65 pages of the Evidence No. 64 and 65 of the Evidence No. 1), it is recognized that the defendant inflicted an injury on the victim D, such as the facts recorded in the criminal facts in the judgment of the court.

3. Accordingly, the defendant's above assertion is reasonable.

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