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(영문) 전주지방법원 2018.06.20 2017고정837

상해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 2, 2017, the Defendant drinking together with the Victim E (M, 36 years of age) at D’s station located in Seojin-gu, Seojin-gu, Seoul on May 2, 2017, and referring to a dispute with the victim, and “I am about why I am or why I am?? I am? I am? I am? I am? I am? I am? I am?

“The victim’s head debt was bleeped in the floor by putting the victim’s head debt up to the floor, and the victim’s blicked with the victim’s blick part on the floor, and the victim’s blick part was damaged by the victim’s blick part for about four weeks, which requires approximately four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on internal investigation (on-site situations, etc.), investigation report (related to a diagnosis report and a written statement attached thereto);

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. The defendant and his defense counsel found the defendant guilty of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order to the effect that at the time, the defendant and his defense counsel had the victim's head head debt to restrain by doing dangerous acts, such as having the victim's illness first, but they did not support the victim's head debt in excess of the floor or walking on several occasions.

그러나 위 각 증거에 의하여 인정되는 다음과 같은 사정들, 즉 ① 피해자는 수사기관에서부터 이 법원에 이르기까지 일관되게 ‘ 피고인이 내 머리채를 잡고 넘어뜨리는 바람에 이마를 식당 바닥에 찧게 되었고, 내가 쓰러져 있는 상태에서 피고인이 내 다리를 찼다‘ 는 취지로 진술하고 있고, 상해 진단서 및 피해 부위 사진 등이 이에 부합하는 점, ② 또한 이 사건 현장에 같이 있었던 증인 F는 ’ 피고인이 손으로 피해자의 얼굴을 때리고 머리채를 잡는 것을 보았다.

Since then, the victim was in excess of the victim's statement.