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(영문) 수원지방법원 안양지원 2015.10.15 2014고단1886

폭행치상

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

At around 15:00 on September 30, 2014, the Defendant discovered the victim C (57 years of age) who was seated in a 64-day Yanyang-si, Annyang-si, Mayang-si, found the victim C (57 years of age) who was seated in the 64th, and caused the injury of the victim by assaulting the victim on the 20th of the same month, such as biffing the victim's trees, biffing them over the floor, cutting the victim's trees, and biffing the victim's trees into the left side, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. The defendant's partial statement in the interrogation protocol of the suspect against the defendant;

1. Statement C in the suspect examination protocol of the accused by the prosecution;

1. Each police statement of C or D;

1. C’s statement;

1. A copy of the report on occurrence, investigation report (or counter-investigation of witnesses), and investigation report (to hear statements from E in the situation of the police station in the Gyeyangan River Station;

1. A written diagnosis for C;

1. The application of Acts and subordinate statutes to photograph [the defendant and his defense counsel] the defendant's act of assaulting the victim as stated in facts constituting a crime and causing injury to the victim, in full view of the evidence mentioned above, including the credibility of the victim's statement, may be acknowledged, although the defendant asserted the crime that the victim was under the influence of the defendant, and that the victim was not injured by his act because he was not shocked by the defendant.]

1. Relevant provisions of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act concerning the selection of criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment was that the case was prosecuted for the crime of bodily injury, and changes in the indictment was made for the crime of assault

It is true that the defendant had a criminal record of a fine, such as assault in 2007, one time before the same criminal record, the injury suffered by the victim is very heavy, and the agreement with the victim or the restoration of damage has not been made.