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(영문) 서울남부지방법원 2015.04.30 2014고정3610
상해
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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

At around 15:50 on February 27, 2014, the Defendant purchased goods from the D convenience store that the victim C in Guro-gu Seoul Metropolitan Government works as an employee, and then made credit card points settlement on the grounds that the victim repeats several occasions, and caused injury to the victim, i.e., the victim’s face by using the card slip in the Kabter, which led the victim to approximately two weeks of treatment.

Summary of Evidence

1. C’s legal statement;

1. A protocol of partial police interrogation of the accused;

1. On-site reports;

1. Photographs photographs of damaged parts;

1. Application of the Acts and subordinate statutes to the results of a CCTV reproduction;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the right of prosecution was extinguished since the victim was placed on the right side of the face of the victim, but he was placed on the card side of the victim, so the victim was only injured by himself in the process of cutting off the plastic head belt worn by the victim, not by being injured due to the card rupture of the Defendant’s card, and the victim submitted a written application for non-prosecution of punishment to the Defendant.

In light of the evidence duly adopted and examined by this Court, ① at the time, the Defendant was faced with the victim’s right side part of his own card in the dispute, and ② thereafter, the Defendant was a product connected with the electric wire to the victim’s right side part of the card with the victim’s face part in the right side part, and the Defendant’s face was obstructed by the victim’s front part of the card with the victim’s right side part.

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