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(영문) 인천지방법원 부천지원 2016.01.25 2015고단3447
상해등
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim C(n, 49 years old) are currently in a separate way between the legal couple.

1. The Defendant was driving on the road on September 19, 2015, as the Gangseo-gu Seoul Metropolitan Government National Assembly.

D. During the dispute with the victim due to the defendant's external problems, the victim suffered bodily injury such as injury to the victim, which requires approximately two weeks of treatment on the part of the victim once due to drinking.

2. On October 18, 2015, at around 22:00, the Defendant: (a) 22:00, in the dwelling space of the victim, 2213 Dong-gu, Seocheon-si, 2213-dong, 705, the Defendant 213-dong, the Defendant 213-dong apartment building, when the victim and the victim were verbally in dispute with the victim, took part in the face of the victim on several occasions with his/her hand; (b) taken the head of the victim on the part of his/her arms, taken the victim on the part of his/her inner part; and (c) took part in the victim’s face on several occasions with his/her hand and divided the part of the victim’s face into several parts, and inflicted injury on the victim, such as face, booming, and booming the face of the victim requiring high treatment between three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on diagnosis of injury, and photographs damaged by violence;

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act and the selection of fines for criminal facts;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The sentencing of Article 334(1) of the Criminal Procedure Act provides for the punishment as ordered in consideration of the fact that the defendant reflects his fault in depth, that the defendant agreed with the victim, that the defendant was the first offender, etc.

Rejection of Public Prosecution

1. Summary of the facts charged

A. On October 11, 2015, the Defendant assaulted the victim at one time by taking advantage of his/her head, face, and body part, respectively, while he/she was in a dispute with the victim due to the external problems of the Defendant at the residence of the Defendant, Nam-gu Incheon, Incheon, and 402.

B. The Defendant.

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