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(영문) 대전지방법원 2013.04.18 2012고정2231

상해

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

피고인은 2012. 5. 25. 23:10경 대전 서구 D에 있는 E 옆 골목에서 피해자 F(26세)이 자신의 일행 G의 빰을 한대 때렸다는 이유로 주먹으로 피해자의 얼굴부위와 머리부위를 3-4회 때려 피해자에게 약 14일간의 치료가 필요한 안면부(좌측협골부, 턱부위) 타박상, 경부동통의 상해를 가하였다.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (F);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 May 25, 2012, the Defendant: (a) around 23:10 on May 25, 2012, and around 23:10, the Defendant: (b) inflicted injury on C on the fright side side part and right side part of E, and (c) on the following fright side part, which requires approximately 14-day medical treatment on C; and (d) caused injury on both sides of the instant case.

2. Although there was a fact that the Defendant and his defense counsel asserted F when he was sentenced to C’s death, C did not leave the time, there was no injury that C sustained due to the Defendant’s act.

3. Major evidence that corresponds to the facts charged in this part of the judgment lies in the police of C, the statements in the prosecution, the statements in this court and the statements in F in this court.

However, comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is difficult to believe that the statements of C and F are as they are, and the remaining evidence, such as a medical certificate, alone, is insufficient to recognize the fact that the Defendant suffered an injury to C as stated in the facts charged, without reasonable doubt, and there is no other evidence to acknowledge it otherwise.

(1) C is specifically identified by the investigative agency as to the particulars of the instant case, in particular as to the parts against the Defendant and the treatment process.