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(영문) 수원지방법원 안산지원 2015.07.09 2015고정295

상해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 Ansan-si C Apartment 1713, 1201, and the victim D(41) is a person who resides in the upper floor of the defendant's residence.

On October 21, 2014, around 18:30 on October 21, 2014, the Defendant: (a) from a victim who was not good due to noise between ordinary stories in front of the Dong-gu E 15 Complex Management Office of Ansan-si, the Defendant: (b) around October 20, 2014 on the ground that music was considerably boomed with the victim; (c) on October 20, 2014, the Defendant, while talking with the victim, sent the face part of the victim due to drinking, she sawd the victim from walking the bridge part of the victim; and (d) went beyond the floor by pushing the victim.

As a result, the defendant suffered injury to the victim, such as the part of the left-hand side in need of treatment for about three weeks.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of D police statement;

1. Written statements of D;

1. A written diagnosis of injury;

1. The photograph of the instant case [the Defendant] asserts that there was no fact that the victim was injured by drinking or salpinging the victim's clothes, referring to the victim's face, but the Defendant did not have been injured by drinking or salping the victim. The Defendant's statement is consistent from the investigative agency to this court, and is very specific from the date before and after the instant crime, to the date when the Defendant was committed before and after the instant crime. Following the instant crime, according to D's photograph, the Defendant was under the influence of alcohol, and this is also consistent with D's statement, and its credibility is recognized in light of D's attitude of statement in this court, and considering D's attitude of statement in this court. Ultimately, according to each of the above evidence, including the witness's statement, written diagnosis of injury, and the instant photograph, the Defendant's above assertion is not accepted, since it is sufficiently recognized that the Defendant inflicted an injury on D, it is not accepted.].

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)1 of the Criminal Act for the detention of a workhouse;