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(영문) 의정부지방법원 2017.02.16 2016고정1959

상해

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant and the victim D(33) are members of the camping club, with 18 members, who are the members of the camping club, and the camping is between the "F" in Gyeonggi E.

On May 14, 2016, the Defendant: (a) around 23:30 on May 14, 2016, 2016, when a person who suffered damage from the above camping in the above camping flping clping clocketists the victim's left side and belbows the part of the victim's left side with the left side belbow, and was injured by the victim, such as a complete escape and flabing, etc. that require six weeks of treatment.

Summary of Evidence

1. Each legal statement of witness D and G;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on photographic images and damaged photographs of the victim;

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

A. The summary of the argument was that the Defendant did not inflict an injury on the victim as stated in the facts charged, and even if the Defendant had a physical fighting.

Even a party's defense is a legitimate defense.

B. The following circumstances acknowledged by the evidence of the judgment, i.e., the defendant and the victim voluntarily accompanied the new wall Lane on the following day due to the instant fighting, and the victim made a statement in the prosecutor's office to the effect that the defendant's face is helf in the process of welfing up with the defendant at the time, and then, the victim made a statement in the prosecutor's office to the effect that the defendant's face is helf in the face of the defendant's belf, the defendant's belf, the defendant's belf, and the two were transferred to the same end. In the process, the defendant stated to the effect that the victim's left face was divided into the victim's left face with the left part belf, and the defendant stated to the court that the victim's statement about the background of the injury is somewhat different, but it will be changed in the process of wurging.