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(영문) 서울서부지방법원 2019.10.16 2019고단137

상해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 75) are the members who are enrolled in the distribution of Seodaemun Culture and Arts.

On June 3, 2018, at around 10:40 on June 10, 2018, the Defendant assaulted the victim from the victim to assault the chest part of the victim in the course of preventing the victim from intending to enter the towing distribution through the door inside the said restaurant, and corrected the course of assault, etc. in accordance with the evidence relationship.

Around two weeks of medical treatment to the victim, there were no two internal sufferings.

Summary of Evidence

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

1. Police suspect interrogation protocol of the accused;

1. The medical certificate (G hospital), written opinion (G hospital), and (G hospital (hereinafter “the defendant and his/her defense counsel first met only when the defendant was living together to the extent that he/she would not go beyond the victim, so there is no causation between the defendant’s act and the victim’s injury, and there was no possibility of predicting the result of the injury to the defendant. However, according to the evidence duly adopted and investigated by the court, according to the evidence duly adopted and investigated by this court, the defendant assaulted the victim by the means of the victim’s self-fashion, thereby causing the victim’s injury (the defendant also stated that, even if the victim went beyond the victim, he/she would go beyond the victim’s back at the time of his/her interrogation of the police suspect).” The police officer asked him/her about “whether the victim was sealed by any person by his/her hands,” and stated “no one is memory or memory of the victim.”

The defendant could have sufficiently predicted the situation that the victim could suffer bodily injury because he / she went beyond.