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(영문) 창원지방법원 거창지원 2017.03.29 2017고정10
상해
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the owner of the “C convenience store” located in Chungcheongnam-gun, Chungcheongnam-gun, and the victim D (n, 38 years of age) is a business owner who actually operates the above convenience store, and the Defendant and the victim are those who are between the foreign third village and the knife.

On November 19, 2016, at around 22:30, the Defendant, at the rest space “C convenience store” operated by the injured party in Chang-gun, Chungcheongnam-gun, Seoul, and at around 22:30 on November 19, 2016, had a dispute about the distribution of revenues with the injured party, on the ground that the injured party continues to fight against the accused, and the injured party is bad, 3:4 times the left face part of the injured party with the Defendant’s hand, 3:4 times the injured party’s hand, and 3:0 times the injured party’s escape into the next calculation unit, and then the injured party shoots the bridge of the injured party, and then the injured party was pushed into the breath of the body, and the parts of the injured party’s back water was collected by his hand once on the floor.

The Defendant assaulted the victim as above, and led the victim to a spathal of the pathy, spathal salt and tension, spathy, and spathy, spathy, and heat, etc., which require treatment for up to 28 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the statement made to the defendant in the police interrogation protocol, and each police statement made to D and E in relation to the defendant;

1. A medical certificate for each injury and a medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order requires a fine mitigated than the fine amount imposed by a summary order, taking into account the fact that the defendant committed the instant crime by contingency while he/she has been in a dispute with the victim, and that he/she agreed with the victim.

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