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(영문) 대전지방법원 천안지원 2013.05.09 2012고정1219

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

The defendant and the victim C(Y, 78) are adjoining neighbors who reside in the Dong-gu, Dong-gu, Chungcheongnam-gu.

On July 31, 2012, the Defendant: (a) around 21:30 on July 21, 2012, on the ground that the victim was bad in front of Down-dong, and caused the victim’s chests to go up one time by hand; and (b) caused the victim to go up with the victim’s breasts that require treatment for 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Emergency medical services log;

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

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. The Defendant asserts that at the time of determining the Defendant’s assertion on Article 334(1) of the Criminal Procedure Act, the victim himself/herself has exceeded vain as much as vain.

Considering the following circumstances that can be recognized by the evidence as seen earlier, namely, the victim relatively consistent and stated that the Defendant got her chest back at the time, and that E, an emergency medical service worker, called the 119 emergency medical service worker dispatched at the time, made a statement from the victim to the point of view that the neighboring resident was pushed down within the first-aid vehicle, and that it is also stated in the same purport, it is reasonable to deem that the Defendant got the victim out of the time.