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(영문) 춘천지방법원 속초지원 2013.10.11 2013고단279
상해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who manages a restaurant building on the ground of Gangwon-gun E, Gangwon-gun, which is delegated by D, and the victim C (V, 56 years old) is a person who leased the above restaurant building from D and operates the F cafeteria.

1. On March 26, 2013, the injured Defendant suffered injury to the victim due to the following reasons: (a) while having a dispute over the return, etc. of the deposit money for the lease of the cafeteria building in front of the Gosong-gun G of the Gangwon-gun, the Defendant: (b) placed the victim’s head debt with his/her hand; (c) put the victim’s head head debt with his/her hand; and (d) kid the victim’s head head at the time of drinking; and (d) walking the excessive victim at several times, the Defendant suffered injury, such as cutting down the closed down of the right frame, which requires treatment for about seven weeks.

2. On April 11, 2013, the Defendant entered the said restaurant, and around 11:00, in order to bring the gap in which the victim suffered injury as referred to in paragraph (1) and was hospitalized in the hospital, and bring about things including the LROM monitor as referred to in paragraph (3) below, the Defendant: (a) opened a back door of the said restaurant; and (b) entered the victim’s residence to the inside of the victim’s residence; and (c) intruded the victim’s residence.

3. At the time and time set forth in the above Paragraph 2, the Defendant stolen the victim, who was inside the above restaurant, with one monitor of the market price of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Second police suspect interrogation protocol against the accused (including the C’s statement);

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on monitoring photographs;

1. Articles 257(1), 319(1), and 329 of the Criminal Act concerning criminal facts; the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 32(1)3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of compensation is not clear).

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