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(영문) 광주지방법원 2012.11.15 2012고단3867

상해

Text

The sentence against the accused shall be 500,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

On March 12, 2012, at around 13:00, the Defendant used the victim D(23 years of age) and parking expenses, which are the cause of the location of the vehicle in the Dong-gu Seoul metropolitan restaurant parking lot, and assaulted the victim by shocking the victim's bucks to the left-hand part of his EM5 car.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (a medical certificate and attachment of medical records);

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On March 12, 2012, the Defendant: (a) around 13:00 on March 13, 2012, the charges charged, and around 23:13:00, the Defendant inflicted an injury on the victim’s eM5 car (hereinafter “instant vehicle”); (b) the victim gets off the vehicle by driving the vehicle at his eM5 car (hereinafter “the instant vehicle”); and (c) caused the victim’s buckbucks to the left-hand part of his eM5 car (hereinafter “the instant vehicle”); and (d) caused the victim to undergo approximately two- weeks medical treatment.

2. In the judgment, the fact that the defendant caused buckbucks to the left part of the vehicle by driving the vehicle in this case, as seen above, but according to the fact-finding response with the F Hospital (Proceedings G), the victim's injury did not exist on the part of the victim, and there was no X-ray special opinion, and there was no suspicion of spuckbucks on the part of the vehicle in this case, and it seems that the victim seems to have suffered minor shocks on the left part of the vehicle in this case (the victim's intention to issue the diagnosis is confirmed to the extent that the victim's injury may occur on a minor shock). However, the victim stated that the victim continued the pain on the part after the accident in this case, but the medical treatment at F Hospital on March 13, 2012, which is the following day of this case.