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(영문) 서울남부지방법원 2018.08.17 2016고정2031

상해

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The defendant has jointly leased and used the victim C(55) office.

On April 18, 2016, around 06:10 on April 18, 2016, the Defendant inflicted bodily injury on the victim's head and other parts requiring approximately two weeks medical treatment, such as satisfing off the face of the Sifeat, satfing off the bat, bating the bat, etc., within the "E" office located in Guro-gu Seoul Metropolitan Government D.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the witness F in the fourth public trial record;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to medical records);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. The alleged defendant merely drawn the victim's hand to the outside of the office and did not look at the victim's face or play breath.

2. The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, the statement at the police of the victimized person and the statement at this court are distinguishable from the dead part. However, the Defendant was faced with the body of the body at the office’s house while the victim’s face at the time of the instant case, breathing bat, bating bat, and bating bats and bats.

Since the statements are consistently made about important parts, such as the part of violence and the part of the body, etc., the credibility of the statements, and F also considered that the defendant was flicking in this court the victim's breath.

A statement, the victim is present at the investigative agency immediately after the case and is investigated, and the victim is taken by the investigative agency at the time.