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(영문) 광주지방법원 순천지원 2016.06.22 2015고단2441

상해

Text

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

If the defendant fails to pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

From August 15, 2015, at around 17:00 on the same day, the Defendant inflicted injury on the victim E (79 years of age, leisure) and the measurement in the front of D in the south Jung-gun C, Jung-gun, with a view to the cryping of the victim’s chest, and in order to remove the victim’s chest into the bottom for about 4 weeks, the Defendant carried out approximately 11 hours of treatment on the part of the victim.

Summary of Evidence

A witness E’s written diagnosis of the police interrogation protocol on the defendant’s partial statement of the defendant to the court, and a medical reply to the defendant [the defendant only left the victim’s shouldered, but the victim was satisfing on the floor.

The argument is asserted.

However, according to the above evidence, it can be acknowledged that the defendant was injured by the victim's shock while the victim was used on the floor, and the victim was injured by the shock, and that the witness F, G's legal statement, and H's statement recording alone was inflicted by the victim's self-harm, such as brain-dead sugar, strelle, etc.

[ difficult to see] Application of statutes

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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

3. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is deemed to have been suffered by a victim of a disease, such as ductal sacinosis, etc., and it is difficult to see that the victim's result of injury to the victim was caused by the fault of the defendant. The background leading up to the occurrence of the case, and the victim did not want the punishment of the defendant in this court.

Part of the amount of fine shall be reduced by taking into account the statement of the defendant, the fact that he/she has only one previous offense, etc.