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(영문) 대전지방법원 2013.10.18 2013고정786
상해
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

At around 01:00 on December 19, 2012, the Defendant: (a) determined that the victim C (nb, 27 years of age) who had danced in the Jung-gu Seocheon-dong, Daejeon at a Doncheon-dong, Jungcheon-gu, Daejeon was “hick-gu,” and had continued to demand her apology due to the lack of her tending, but did not have any reaction; (b) the Defendant followed the victim by taking the victim’s neck by her hand; (c) the victim her necked on his/her back to the back; and (d) he/she she she sheed with knee and sheed the victim’s left ke part of his/her back to receive approximately 6 weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and E;

1. Partial statement of witness F on the third trial;

1. A medical certificate (C);

1. Application of Acts and subordinate statutes to violence victim photographs;

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

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 25 (1) or 31 (2) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for Compensation Orders.

1. The reason for sentencing under Article 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning the Promotion, etc. of Provisional Execution Sentence is the primary offender, age and contingent crimes, and the defendant seems to have been different in the course of committing the crime. However, considering the fact that the victim’s injury is not negligible, but does not make any effort to recover from damage, the amount of fine for the summary order is appropriate.

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