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(영문) 대전지방법원 천안지원 2012.10.25 2012고정655

상해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant and the victim C (the age of 75) are older persons who are enrolled in the E Welfare Center for the Aged located in the ASEAN-si.

At around 10:00 on April 23, 2012, the Defendant: (a) was entering the Elderly Welfare Center G shuttle bus of the Aged Welfare Center in Asia-si, Asan-si; (b) on the ground that the Defendant was a “child” with the Defendant, the Defendant was working at the night-time conference; (c) was waiting first from the shuttle bus after having arrived at the elderly’s welfare center and waiting first from the shuttle bus; and (d) the victim was able to live in the ground from the bus’s stairs, and was flicked with the Defendant’s 42-day breath and flicked on the left balke, the left balke, the left balke, the left balke, and the balke balke in the shape of the victim’s 42-day medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, H, I, and J;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes for medical treatment;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. The Defendant asserts that at the time of judgment on the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, at the time, the Defendant did not inflict an injury as indicated in the judgment by breathing dubs and dubs.

In light of the following circumstances that can be recognized by the aforementioned evidence, namely, the Defendant’s breath at the time recognized the victim’s breath, and the victim stated that the victim was deprived of her spirit by blocking breath at the time, and the victim was diagnosed as stated in the judgment by asking for the pain, bones, fingers, etc. at a hospital on the following day, and received the same diagnosis as indicated in the judgment; the Defendant and the victim were deemed to have been removed from the victim because of the overlap with others at the time; and the victim stated that the balnes and balnes were laid to K on the chest and on the bridge on the day.