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(영문) 대전지방법원 2017.05.12 2016고정1104

상해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 22, 2016, the Defendant: (a) around 14:40, around Seo-gu, Seo-gu, Daejeon: (b) around 14:40, the Victim E (67 years of age) who had a good appraisal in the vicinity of the Seo-gu, Seo-gu, Daejeon: (c) had been suffering from the victim’s face by drinking, without any justifiable reason, and (d) caused the victim to be able to receive approximately four weeks of treatment for the face of the victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Recording of the witness E's statement in the third public trial records;

1. Application of Acts and subordinate statutes on diagnosis of an injury, and photographs of damaged parts;

1. Relevant legal provisions concerning criminal facts and Article 257 (1) of the Criminal Act that choose a penalty;

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. The injured party was able to prevent the Defendant from inflicting an injury on the victim, and the injured party was saluted to the Defendant, and the injured party was saluted to the latter, and there was no fact that the Defendant inflicted an injury on the victim.

2. Determination

A. According to the evidence duly adopted and examined by the court, the following circumstances are acknowledged: ① the victim filed a report at 112 immediately after the occurrence of the instant case, complained of his/her damage, and requested the police dispatch; ② the victim consistently made a statement to the effect that he/she suffered an injury upon his/her face from drinking to this court from the investigative agency to this court; ② on January 23, 2016, the date following the occurrence of the instant case, the victim was inside the Fast Division located in Daejeon, Daejeon; and at the time, the doctor who provided medical treatment for the victim “the victim suffered an injury at least four weeks of internal walls, internal walls, internal exits, and organizational distress.” The victim issued a diagnosis of injury (the two books of evidence record No. 2) to the victim (the first victim was consistent with the allegations of the said victim, as well as the first victim at the time of the instant medical examination and treatment, adjacent to the time of the instant case.