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(영문) 대전지방법원홍성지원 2020.11.16 2020고정110
상해
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a middle school of the victim B(43 years of age), and the victim C(V, 51 years of age) is a branch of the victim B.

On October 30, 2019, at around 22:10, the Defendant had a dispute over the purchase deposit of the victim B and the motor vehicle on the road in front of the E convenience store located in Chungcheongnam-gun, Hongsung-gun. On the other hand, the Defendant, as drinking, had the victim B take the face of the victim B several times and continued to take the face of the victim B on several occasions, and had the victim B go beyond the floor of the victim C who fightd in the middle.

In the end, the Defendant inflicted injury upon the victim B, who is unable to know the number of days of treatment, such as tearing the left part of the bones, and caused the victim C to cut the body of the first bones of the finger in need of treatment for about five weeks.

Summary of Evidence

1. Each legal statement of B and C;

1. Report on the occurrence of the case, and report on the internal investigation;

1. Notification to a department related to reporting 112 cases;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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

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

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

1. The assertion and judgment of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the assertion did not inflict an injury on the victims.

2. The following circumstances acknowledged by this Court based on the evidence duly adopted and examined by this Court, i.e., the victim B, the victim B, consistently and consistently from the investigative agency to the investigation agency, specifically stated the circumstances leading up to the Defendant’s dispute with the victim B and the facts he/she suffered in the process, and ② the Defendant himself/herself was the victim B during the victim’s physical fighting.

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