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(영문) 수원지방법원 평택지원 2014.09.17 2014고정368

상해

Text

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

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

Reasons

Punishment of the crime

On June 2, 2013, at around 01:46, the Defendant assaulted the victim by taking the victim’s face, head, etc. on the hand of hand and drinking, on the ground that the Defendant, who drinks drinking together with the victim E (at least 31 years of age), said that the Defendant said that he was “Is to do so as to do so only once ISIS.”

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Application of CCTV images-related Acts and subordinate statutes;

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 (1) 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 June 2, 2013, at around 01:46, the Defendant, at the main point of “D” located in Pyeongtaek-si C, inflicted an injury on the victim, such as a non-fringing so that he/she would have to undergo approximately three weeks of treatment on the victim’s face, hair, etc. on the hand of the victim’s face, head, etc. with his/her hand floor and drinking.

2. Determination:

A. The burden of proving the facts charged in a criminal trial lies on the prosecutor, and the finding of guilt must be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

B. According to the statement of each of the statements and the statement of injury in the investigative agency of the witness E, and in this court, it is not deemed that the Defendant inflicted an injury on the victim by taking about three weeks of treatment, such as the victim’s face, hair, head, etc. while the Defendant was working with the victim as stated in the above facts charged.