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(영문) 대전지방법원 공주지원 2016.03.25 2015고정79
상해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Victim C is an operator operating a D cafeteria, and the defendant is an employee working at the above D cafeteria.

1. The Defendant, at around 15:00 on May 2, 2015, posted a dispute to the victim’s wage issue at the D restaurant located in E, around 15:00, while making the dispute to the victim’s wage issue, he was on the job of 4 to 5 customers, such as F in the restaurant, and was on the job of 10 to 4-5 customers, such as F in the restaurant.

The young guard is also the young guesta.

“A young male and imprehion of the victim” means a young male and imprehion of the victim.

However, the victim is in a de facto marital relationship with a male who has been remarried, and there was no fact of committing a imperme.

As a result, the Defendant, by pointing out false facts, damaged the honor of the victim.

2. In the date, time, place, etc. set forth in the above paragraph 1, the injured Defendant inflicted an injury on the victim, with the victim, who was able to talk with the victim for the said reasons, thereby pushing the victim with a spawn, pushing the spath, bating the spath, and photographing the spath with the spath, thereby having the victim faceing the spawn.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A written diagnosis of injury;

1. C 상처 부위 사진, C의 진료비 계산서 등 [ 피고인은 피해자에게 상해를 가한 사실이 없다고 주장하나, C 상처 부위 사진에 의하면 피고인이 손톱으로 할퀴어 피해자의 턱 부위에 상처가 생긴 사실을 알 수 있고, 피해자는 피고 인의 폭행을 피하려 다 허리 부근이 삐끗 했다고 증언하였으며, 상해 진단서에 요추의 염좌 및 긴장이 기재되어 있는 점을 종합하면, 피고인이 피해자에게 상해를 가한 사실이 넉넉히 인정된다.]

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 307(2) of the Criminal Act (the point of defamation by publicly alleging false facts), and the choice of fines, respectively, for criminal facts;

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

1. Articles 70 and 69 of the Criminal Act to attract a workhouse.

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