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(영문) 인천지방법원 부천지원 2016.08.19 2016고정428
상해
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 and the victim D(61) are adjoining neighbors.

On October 4, 2015, the Defendant: (a) deemed on October 21:25, 2015, that the damaged person in the front side of the Seocheon-gu, Seocheon-gu E-gu, Seocheon-si, the Defendant: (b) dumped an envelope containing an empty disease; (c) thereby, the Defendant discarded waste; and (d) thereby, the Defendant discarded the waste to the victim.

In addition, the Defendant is sealed with an envelope containing an empty disease and whether the Defendant seems to be a garbage.

“A defect in a high port B. B. An empty disease contained in the envelope was caused by the victim’s hand with the said envelope, and caused the victim’s face value.

As a result, the Defendant committed assault against the victim, resulting in the injury of the victim, such as the closure of the bones, which requires treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to each written diagnosis attached to an investigation report (to interview victims and to the attachment of records, etc.);

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the crime, 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 defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order

Inasmuch as the Defendant, who embling the bags containing frequently frequently, only prevented him from using his arms, the Defendant’s act without the intention of assault is a legitimate act, and the Defendant’s act constitutes a justifiable act, and there is no relationship between the Defendant’s act and the victim’s injury.

However, according to the above evidence duly adopted and examined, the victim did not display an envelope containing an empty disease to the defendant, but instead, tried to confirm that the damaged person is an empty disease rather than a garbage.

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