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(영문) 청주지방법원 영동지원 2017.05.11 2017고정4

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

The defendant is a person who resides in the same village as the victim D with the village of the Chungcheongnam-dong, Chungcheongnam-do.

On August 23, 2016, at around 21:00, the Defendant took part in the part of the victim’s chest with the head of the Defendant, while taking part in a dispute over the use of a low temperature warehouse jointly operated in the village, before the community center located in the Chungcheong-gun C, Chungcheongnam-do.

Accordingly, the Defendant had the victim injured the victim at 28 days of medical treatment, and caused the victim at 20 days of injuries to the cage of the cage cage.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. A report on investigation (Evidence No. 6) and documents attached thereto;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment for a crime;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the gist of the argument was the fact that the Defendant, while making a dispute with the victim, brought about the victim's head, the victim himself/herself suffered bodily injury in the process of taking so-called "Hrid" by the Defendant, and did not assault or inflict bodily injury upon the victim's chest due to his/her head.

2. The victim made a statement to the effect that it conforms to the facts stated in the facts stated in this Court with an investigative agency.

However, it is judged that the statement maintains consistency specifically and alternatively, and there is no particular contradiction between the statements, and the statements of E, a witness, also conforms to some of the circumstances at the time.

In addition, according to the medical certificate of injury to the victim prepared by the doctor F, the diagnosis date was three days after August 26, 2016, and the diagnosis date was three days after the occurrence of the instant case, and the name of the diagnosis is "a multi-clocks that invaded two cages", and the cause of the injury is against the other party head (the other party head).