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(영문) 서울서부지방법원 2013.06.27 2012고정2109
상해등
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

On October 5, 2012, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Kidnapping and Inducement) in Seoul Eastern District Court 2012Gohap117, and the above judgment became final and conclusive on October 13 of the same year.

[2012 high-level 2109] On January 26, 2012, the Defendant brought a dispute with the reason that people living in the rooftop room, such as the victim C (34 years old), in the apartment room located in Yongsan-gu Seoul Metropolitan Government B five floors, do not walk money in the share of gas and electricity charges. On the other hand, the Defendant suffered an injury to the victim, such as the victim’s c. (34 years old) who was unable to know the number of days of treatment due to the following reasons:

[20, Jan. 18, 2012, the Defendant: (a) around 21:00 on Jan. 21, 2012, 501 of the 5th floor of the building D owned by the victim in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) opened a lock door as a hand, and damaged the attached property of approximately 300,000 won; and (c) entered the said 501 unit without the victim’s consent, thereby infringing on the victim’s residence.

Summary of Evidence

1. A protocol concerning the examination of the suspect of the defendant ( January 19, 2012);

1. Partial entry of the police in the protocol of interrogation of the accused ( January 26, 2012);

1. Statement of each police statement of C and E;

1. A photo of the injured part of the victim, and even the damaged door photograph;

1. The section of judgment: Each inquiry report on criminal records, etc. and the application of statutes governing judgment;

1. Relevant Article 257(1) of the Criminal Act, the choice of punishment for the crime, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act (the occupation of intrusion and the choice of fines);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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