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(영문) 창원지방법원 통영지원 2018.04.09 2017고정373
상해등
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

At around 16:37 on October 11, 2016, the Defendant discovered the Victim F (51 years of age) who is a guidance personnel for the control of alcoholic vehicles belonging to Tong Young-si E, and found the Defendant’s illegal parking control over the passenger car parked in that place, and on the ground that the Defendant: (a) even though the Defendant refused to do so, the Defendant her arms was unfased by the Defendant on the ground that he was fasing the Defendant’s arms anywhere, she was fased by the Defendant on the ground that he was “D” in front of the “D” located in Tong Young-si; (b) obstructed the Defendant’s legitimate parking control over the victim by scambling the victim’s chest and head by hand; and (c) obstructed the victim’s legitimate parking control at the same time, and (d) around two weeks of light-line treatment.

Summary of Evidence

1. Each legal statement of witness F and H;

1. Investigation report (af labor contract, work log, etc. attached);

1. Investigation report (investigation into attachment of a medical certificate of injury);

1. Application of investigation reports (Investigation into CCTV photograph fags and CD attachments), CD-related Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act (the point of harm) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The crime of this case on the grounds of sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act, for which the defendant committed the crime of this case on the grounds of sentencing, shall be deemed to interfere with the duty of regulating alcoholic vehicles by inflicting an injury on his/her personnel for the reason that he/she maintains illegal vehicles, and the quality of the crime is not good in light of the circumstances and contents of the crime.

The Defendant asserted the legitimacy of the CCTV CD images that have been examined by this court even if they were clearly unfolded by the assaulting fact against the victim.

Defendant has been punished by a fine for the same kind of violence crime, and is not able to repent.

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