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(영문) 창원지방법원 2013.11.01 2013고정739

상해

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On February 14, 2013, around 11:55, the Defendant: (a) sought the victim D (n, 55 years of age) who is the lessee of the said building leased by the Defendant within 702, the 401 unit of the said building, and (b) sought a successful bid for the said building, based on the reasoning that the said building complies with another person and takes a bath, and used the victim’s shoulder by hand.

Summary of Evidence

1. Partial statement of the defendant (the third court date);

1. Legal statement of witness D;

1. Application of each police interrogation protocol to Defendant and D

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. On February 14, 2013, the Defendant: (a) around 11:55, the Defendant found the victim D, the lessee of the above building 401, which he leased in Kimhae-si, within 702, and (b) followed the reasons awarded a successful bid in the above building; and (c) held the victim as a knife and knife a knife and knife knife knife knife knife knife knife knife knife knife knifs

2. The judgment is based on the following circumstances acknowledged by the evidence duly examined by this court, namely, ① the victim’s statement in the initial police investigation of the victim for the process of suffering an injury and the injury level as stated in the injury diagnosis report are inconsistent with each other (the victim stated in the initial police investigation that “at the time, the victim is able to have a strong shoulder part of the defendant's right shoulder at the time and make it difficult for him/her to keep him/her out of the back, and the shoulder is tight on his/her back, and the damaged part in the injury diagnosis report is erode (the 38th page of the investigation record).” On the other hand, the injury level as stated in the injury diagnosis report is “a multi-facel on the knee and the left side part, etc.” (the investigation record No. 68 pages), and ② each statement of the defendant and the victim and on-site investigation record No. 11.1.1.