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(영문) 부산지방법원 2018.03.29 2016고단7555
상해
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant operates a one-time rental store in the name of “D” in the building B in Busan-gu building C, and the victim E (M, 61) operates a miscellaneous store in the name of “G” from the F located in the commercial part of the Defendant’s shop.

On July 23, 2016, the Defendant: (a) installed several clothes on the side of the said D’s “D”; (b) sought to bring the above clothes to the store of the victimized party on the ground that he/she interfered with his/her business, such as covering the goods for one’s own use, etc.; and (c) the victim was able to put the clothes in order to prevent it.

As above, Defendant 1 left the victim by strong force that the victim did not set clothes, and the victim she faced with the elbow that she was left by her in the direction of the Defendant and her seated on the floor.

As a result, the Defendant inflicted an injury on the victim, such as the 3rd pelle, which requires the victim to receive a treatment of the “six weeks”.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police for E;

1. Complaint;

1. Ctv images and dynamic images to take;

1. Investigation report (including a net seven times, a photograph);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act and Article 257 (1) of the Criminal Act concerning facts constituting a crime. Article 257 (Selection of Penalty)

1. The defendant and his defense counsel convicted of Articles 70(1) and 69(2) of the Criminal Act, and the defendant and his defense counsel, who met the knife, but go beyond himself or the victim goes beyond his clothes.

Claimant that there was no connection with the injury or injury or injury caused by the Defendant’s act, and that there was no injury, such as Section 3 in the 3rd century, which requires the treatment of the “six weeks” due to the Defendant’s act.

The argument is asserted.

According to evidence, such as witness testimony and ctv images and floring photographs, the defendant, as shown in the facts charged, flocks with the victim and clothes and flocks, and flocks are strong.

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