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(영문) 광주지방법원 2016.09.30 2016고정124

상해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On July 6, 2015, the Defendant, at the office of the former Employment and Labor Branch Office of 251, Jinjin-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on July 15:35, 2015, suffered an injury, such as a spatha of a baby who needs approximately four weeks of medical treatment, in consideration of the victim’s her hand while being under a general examination with the victim C (52 tax).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements of the witness C and D;

1. Statement made by the police against C;

1. Making records and reporting of records;

1. Two copies of a medical certificate of injury, receipt, summary invoice, proof of internal medicine, and name tag;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 gist of the assertion and the defense counsel are disputing the facts constituting a crime that the defendant does not have any fact at the time of the victim.

2. Comprehensively taking account of the following circumstances acknowledged by the above evidence duly adopted and examined by the court, the fact that the victim inflicted bodily injury on the victim as stated in the judgment of the court can be sufficiently recognized as being in the crime committed by the defendant.

가. 피해자는 수사기관 이래 이 법정에 이르기까지 피고인과 피해자가 전주 고용노동 지� 사무실에서 조사를 받는 과정에서 서로 흥분한 상태에서 피고인이 피해자의 입 부분을 때렸다고

was stated.

Although there are some differences in the victim's statement about the specific and detailed circumstances suitable for the defendant, the credibility of the victim's statement to the effect that the victim's statement was entered from the defendant merely because it is somewhat unclear in the victim's statement, given that the defendant and the two persons at the time of this case were in a timely situation where the defendant and the victim were somewhat isolated, may be rejected.