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(영문) 서울동부지방법원 2015.06.12 2015고정38

상해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Around 02:50 on June 29, 2014, the Defendant indicted the victim E (the prosecutor of the age of 54, who was named as “5 years old,” entered the victim’s age in Gangdong-gu Damo 205 (the victim’s age at the time of 54 years old), but on the evidence, it is obvious that tobacco is “54 years old,” and even if corrected ex officio, it does not interfere with the Defendant’s right to defense. Thus, the tobacco is corrected ex officio.) 4 times at the floor of the Domo in which the victim’s face is 4 times, and the victim’s face continues to go beyond the victim’s face is cut back once again with a blue part, thereby causing injury to the victim, such as the brush and gyke around the snow, salke, salke, and tension.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. A written arrest of a flagrant offender;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant had the victim contact through the telephone with the victim, and only met 205 DNA telecom. However, the Defendant got the victim to return the victim's age because the victim did not reach his mind. During the process, there was only a fact that the victim was unable to leave the victim in the above telecom in order to return the victim's money in the name of transportation cost, and there was neither the victim's face, face, etc. nor the victim was taken.

However, although the Defendant did not assault the victim at the police station, the Defendant changed to the effect that the Defendant reported to the police at the time, stating to the effect that “the victim reported to the police once” the Defendant’s request to return the money in the name of traffic expenses.

2. Determination

A. During the police investigation process on the day of the instant case, the victim took 30,000 won to the victim under the name of traffic expenses, and the police is to congested to the victim.