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(영문) 서울동부지방법원 2021.01.14 2020고단1998

상해

Text

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

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

Reasons

Punishment of the crime

The defendant is a victim B ( South Korea, 38 years of age) and a couple of law, or a divorce lawsuit.

From 21:00 on December 18, 2016 to 22:00 on the same day, the Defendant was a small room of the Defendant’s house located in Songpa-gu Seoul apartment complex C apartment D, Songpa-gu, Seoul, for the reason that the Defendant was locked by the SNS of the president of women’s office due to the victim’s awareness of his usual knowledge, and the victim was locked. The Defendant was able to cut off the victim by shoting the victim by sweaking him, and then the head of the victim who attempted to sweak the victim by drinking both. On one occasion, the Defendant saw the victim’s back to the left side of the victim by sweak-gu drinking, and led the victim to a high-speed sweak on the left side of the victim who needs to receive approximately three weeks medical treatment.

Accordingly, the defendant injured the victim.

Summary of Evidence

Witness

E and B’s legal statement E certificates of marriage relation, results of the search of divorce case, application of the law of investigation report(verification of the occurrence of the case).

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The physical contact between the alleged defendant and the victim is not between the warning on December 18, 2016, but between the 16th to 17th of the same month, and there was no assault by the victim since the defendant was abused by the victim.

2. However, the following circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, the victim suffered from the Defendant’s injury resulting from drinking alcohol.

A statement is made, and the credibility of the above argument is supported by the medical certificate, and the defendant is not able to believe it as it is, because the date of injury in the medical certificate is written on December 18, 2016, the date of crime, but on December 19, 2016.

One of the arguments is that the victim is diagnosed by the hospital on the following day after the defendant's day.