beta
(영문) 대전지방법원 2017.11.21 2017고정563

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

On January 11, 2017, the Defendant: (a) expressed the victim D( South, 50 years old) who worked as a franchise from a broadcasting company operated by the Defendant to return KRW 1,00,000,000 to him/her, and continuously demanded the Defendant to return the membership deposit, and (b) expressed the Defendant’s desire to “A, B, and B,” on the ground that he/she does not assist the Defendant to pay his/her book, on one occasion, the Defendant expressed the victim’s b1-day part of the victim’s blick to the victim, which was in need of treatment for about 21 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning criminal facts and Article 257 (1) of the Criminal Act that choose a penalty;

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 alleged defendant did not take the part of the victim's injury as stated in the facts charged of this case as the defendant's head, but had the victim's head in contact with the victim's internal part during the breath of breath and trace of the defendant's head, and the victim's injury is irrelevant to the defendant.

2. Determination

A. According to the evidence adopted and examined by the court, the victim made a consistent statement to the effect that: (a) the victim made a statement to the effect that “the defendant and the owner of the building have one of the small books at an empty office, and the defendant has attempted to do so, but the defendant refused to do so, and smokes around the defendant's vehicle; (b) the defendant made a statement to the effect that “A and the owner of the building committed an assault by priceing her head while she is called “A” and “A” around the defendant's vehicle (Evidence No. 46 pages of evidence record)” and then made a consistent statement to this court; (c) its content is relatively specific, detailed, and reasonable in the explanation of the situation.