beta
(영문) 창원지방법원 2019.05.15 2019고정153

상해

Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 1, 2018, the Defendant: (a) around 11:20, in the “D Beauty Room” operated by the victim C (V, 48 years of age) on the first floor of the Seongdong-gu apartment building B, Changwon-si; (b) on the ground that the Defendant was able to use the main body of the computer owned by the Defendant; and (c) on the ground that the victim was spawn, the Defendant was spawned with both hands, thereby leaving the victim’s shouldering over a period of two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. A report on internal investigation (related to the confirmation of CCTV in a place of crime);

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The defendant's assertion and judgment under Article 334 (1) of the Criminal Procedure Act against the defendant's assertion and judgment of the provisional payment order are merely that the defendant was physically disabled persons of Grade III with no center at the time, and that there was no fact that the victim was pushed ahead of the victim as stated in the facts charged. However, according to the statement of witness at the police and each photograph attached to the report of internal investigation (related to the confirmation of CCTV at the place of criminal administration) by the victim C, it can be sufficiently recognized that the defendant intentionally assaulted the victim and inflicted an injury on the victim. Thus, the defendant's motion is rejected.