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(영문) 춘천지방법원 2018.06.28 2017고정353

상해

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who works in a daily-service position at the same construction site as the victim B (60 years old, South).

On April 3, 2017, the Defendant, at around 19:30 around 19:30 on the street in front of a “D cafeteria”, and on the ground that the victim B (the victim B), under the influence of alcohol, continued to talk about the complaint at the construction site, and had the victim’s face one time on the ground that the trial cost was incurred, the Defendant inflicted an injury on the victim by taking care of the victim’s face at one time as a drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Legal statement of witness E;

1. The following circumstances, i.e., (i) the victim’s photograph, diagnosis certificate, and the victim’s statement of 112 case processing [it is apparent that the victim suffered the same injury as the crime in light of the victim’s photograph, diagnosis certificate, and the victim’s statement of 112 case processing table, etc., which can be comprehensively seen by taking into account the evidence presented in the judgment, appears to be clear that the victim suffered the same injury as the victim’s criminal facts at the time of the report; (ii) the police officer dispatched after making a 112 report designated the defendant as the offender; and (iii) the police officer appears to have been in conversations with the defendant (the on-site dispatch report and witness E’s legal statement) the victim appears

Although F claimed that F was the time when the victim was the victim, it was the first argument in this court. In addition, in light of the fact that F was difficult to find a motive for assaulting the victim (no circumstantial evidence exists that there was a dispute between F and the victim at the time) and that even according to F and the defendant's statement in investigation agency, even if it was based on the defendant's statement in investigation agency, the defendant and the victim argued that it would have sufficiently been the motive for assaulting the victim. Thus, it can be acknowledged that the above crime was committed by the defendant, since the defendant and the victim argued that he would have sufficiently been the motive for assaulting the victim.