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(영문) 서울남부지방법원 2016.10.27 2016고단1888

상해

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On April 19, 2016, Defendant A stated “F” in the notice of “F” located in Guro-gu Seoul Metropolitan Government on April 19, 2016, around the first floor office, the victim B (n, 33 years of age) did not pay monthly rent, and the victim’s visit was forced due to the victim’s loss, and the victim’s left side part is required to receive medical treatment for 10 days. However, Defendant A’s written indictment states “the left part, water part, and sl,” but Defendant A’s statement or witness’s statement and result of the Cctv image verification cannot be recognized as having inflicted an injury on “sl” by Defendant A’s assault.

This part is corrected ex officio, because it is judged that there is no substantial obstacle to the defendant's exercise of his/her right to defense even if it is excluded without

In addition, various injuries, such as diversified gambling, were inflicted.

2. Defendant B suffered injury on the left left side of the victim’s face, and Defendant B suffered injury on the left side of the victim’s face and the left side of the victim’s face, which requires the victim’s treatment for two weeks, by using smartphones, which were in opposition against the victim A(40 years of age)’s assault at the same time and place as above.

Summary of Evidence

[Defendant A]

1. Legal statement of the witness B;

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. Investigation report (Submission of a written diagnosis of injury by a suspect, applicable provisions of Acts and change of the name of the crime) / [Defendant B]

1. A’s legal statement;

1. The suspect interrogation protocol of the defendant A by the police;

1. Application of Acts and subordinate statutes to criminal investigation reports (Submission of a medical certificate of injury of suspects, applicable provisions of Acts and change of names of crimes), voluntary consent to conduct, photographs of injuries, and reports on dispatch at the scene of violence;

1. Defendants: Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act; Selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act;

1. Judgment on the assertion by the Defendants and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant A and his defense counsel;