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(영문) 서울동부지방법원 2017.06.16 2016고정1894

상해

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 30, 2016, the Defendant: (a) around 22:00, at the conference room for the representative of the residents of Songpa-gu Seoul apartment building 131, and (b) at the conference for the representative of the residents of Songpa-gu, Seoul, on the ground that the victim D referred to E during the 4th conference, caused the above victim’s arms to be pulled up to the bottom leading up to the floor, and caused the above victim to go up to approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A CD 1 (CCTV image);

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

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the Defendant’s assertion is that the Defendant merely left the Victim’s arms and did not leave the floor, and that the Defendant sustained injury.

I argue to the effect that it cannot be seen.

2. Determination

A. In light of the following facts and circumstances revealed by the evidence duly adopted and investigated by this court, the Defendant 1 laid down the victim’s arms above the bottom.

Recognized.

(1) From among the Dos in which the injured party is speaking at the representatives' meeting of occupants, the Defendant immediately left her arms back to the damaged party after the end of his her speech.

It seems that it was difficult for the victim to expect or respond properly.

(2) It is deemed that the defendant was sold to the effect that he intends to produce out of the country.

Even if the latter would have sufficiently known that the victim could lose his center in the case of the first instance of the arms.

I seem to appear.

(3) There was a fact that the victim was living in the floor after leaving the floor and the defendant attempted to cause the victim.

Even if this is the situation after the victim got out, the victim is only the victim.