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(영문) 수원지방법원 평택지원 2018.11.08 2018고정142
상해
Text

1. Defendant A shall be punished by a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A and B are de facto marital relations.

1. On November 22, 2017, Defendant A suffered injury to the victim E and the victim who had been found as a debt relationship at the D coffee shop in Ansan-si around 17:40 on November 22, 2017, by assaulting the victim E and talking with the victim’s flab, and causing injury to the victim, such as a bridge, which requires treatment for about 14 days.

2. Defendant B’s assault committed an assault with Defendant A and the victim at the above time and at the same time and time, reported that Defendant A and the victim have a dispute, and committed an assault against the victim.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness F, E, and G;

1. Each police statement made in relation to F, E, and G;

1. The Defendants and their respective investigation reports [the Defendants and defense counsel can find in the coffee shop operated by the Defendants under the influence of alcohol that Defendant A only speaks against the Defendants with a full payment of money, and that Defendant A did not go beyond the victim, or Defendant B did not have a breathet with the victim’s breater, such as criminal facts.

그러나 위 각 증거에 의하면, 피고인 A은 채무관계로 커피 숍을 찾아온 피해자의 멱살을 잡고 밀치고 넘어뜨려 약 2 주간의 치료를 필요로 하는 다리 타박상 등의 상해를 입게 하고, 그 후 커피숍에 들어온 피고인 B은 피해자의 빰을 때린 사실을 인정할 수 있다.

Therefore, we cannot accept the above argument.

Application of Statutes

1. Relevant Article 257(1) (Selection of Penalty) of the Criminal Act concerning the facts constituting a crime and subparagraph A of a sentence: Article 260(1) (Selection of Penalty) of the Criminal Act; Article 260(1) of the Criminal Act;

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

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

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