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(영문) 수원지방법원 평택지원 2018.02.09 2017고단1621

상해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 20, 2016, the Defendant, at around 19:00, suffered injury to the victim E (59 years old) who is a bus engineer at Pyeongtaek-si and the bus operation interval, and caused the damage to the victim by putting the shape of the Defendant into the bus out of the bus, putting the shoulder of the victim out of the bus by hand, and by walking the victim's left kne, and by walking about 8 weeks of the victim's left kne, the Defendant sustained the victim's injury, such as fladm fel, etc. on the part of the other half-month in need of medical treatment.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police for E;

1. Investigation report (verification of the scene of the case, the status of sick leave of the complainant, etc.);

1. Cooperation and replies to inquiries into facts (no data exists);

1. Complaint;

1. A copy of the leave of absence, or a copy of the sick leave application;

1. A medical certificate;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. At the time of this case’s summary of the argument, the Defendant was tightly knee of the victim in the course of setting up against the victim’s exercise of full-time power while the Defendant got with the victim. However, the Defendant did not agree to walk knee of the victim’s left side due to the knee and knee of the victim’s shoulder.

2. The following circumstances revealed in light of the facts acknowledged by the evidence duly adopted and investigated by this court, namely, ① the defendant's defect that the injured person was a tree in the bus of the defendant as a result of bus operation distance, ② the defendant's shoulder and breath of the other party with the victim, ② the body fighting of the defendant and the victim at the time was considerably considerable to the tear of each party's body. ③ The victim was from the investigative agency to this court.