beta
(영문) 대전지방법원 2018.04.27 2017고정1218

상해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant and the victim C(n, 25 years old) are pending a divorce lawsuit.

On June 27, 2017, at the defendant's house located in Seo-gu, Daejeon, Daejeon: 10 on June 27, 2017, the defendant prevented the victim from suffering from a defect about intending to go to his/her own child, and caused the victim's hair and head by cutting down his/her arms and drinking, and the victim went back to the front door of the victim's arm's length, and went back to the back of the victim's arms, and went back to the back of the victim's body with his/her head, and went back to the back of the victim's arm's length with his/her arms, the defendant puts the victim with his/her right side part, such as the complete, complete, wooden, wooden, and the part above the part of the victim's body, which requires the victim's hair treatment for about two weeks.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. The legal statement of the witness C;

1. Each statement of the witness E and F in the second public trial records;

1. Application of the law to the medical certificate of injury, damaged photograph (the victim's and E's statements are not consistent, specific, and otherwise false, and credibility is recognized in light of the attitude of the victim's and E's statements in this Court, the injury diagnosis certificate, the statement of the on-site dispatch police officer, etc.)

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. Article 62(1) of the Act on the Suspension of Execution [Consideration of Article 62(1) of the Criminal Act provides that the defendant's injury was inflicted on the victim in the course of unilaterally taking advantage of and preventing the defect of the defendant's child who was raising at the time, and there are circumstances to consider such circumstance; the defendant designated two children in the resolution of reconciliation in the divorce case and supported two children; the defendant decided to be paid only the child support of KRW 200,000 per month from the victim; the degree of assault inflicted on the victim by the defendant is not significant (see, e.g., the victim's record 9-10 pages, E-record 12-13 pages)]; the defendant's defense counsel and the victim.