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(영문) 수원지방법원 안산지원 2016.06.14 2016고정291

상해

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 26, 2012, the Defendant: (a) around 23:00, at the Defendant’s residence located in Ansan-si, 201, brought about the Defendant’s female problem from the victim D (W, 49 years old), living together at the time, and went beyond the victim’s body to the floor by pushing ahead the victim’s body, and (b) taken the victim’s body over the above part, she saw the victim’s her body into the upper part, and she took care of the victim’s body, and she took care of the victim for about 14 days to the right side of the victim.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Although the Defendant guilty of Article 186(1) main sentence of the Criminal Procedure Act, he/she denies the facts charged in the instant case, and comprehensively taking account of the aforementioned evidence and the following circumstances revealed therefrom, the aforementioned facts charged can be fully acknowledged.

(1) A victim shall make a concrete and consistent statement, and shall be reliable in light of his/her attitude in this court.

② The Defendant did not look at the time, but is very secret in the police station.

It may have become the victim of the vagabonds.

Therefore, if the victim was different, it will be recognized.

“The statement was made”.

③ The victim received medical treatment from a doctor on June 27, 2012, following the instant case’s day.

In the diagnosis of injury against the victim, the date of injury occurred is " June 26, 2012," and the part and degree of injury are stated as "the part and degree of injury" as "the part and degree of the second half of the right blue blue" as "the part and the hole due to the side and the part and the part and the part on the right blue" as "the part and the part attached to the upper part and the part", which conforms to the statement of the victim.

In particular, the above injury part, etc. is reliable when the doctor directly observed.