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(영문) 대구지방법원 2014.06.19 2014고정532

상해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 01:30 on August 11, 2013, the Defendant: (a) placed in front of the main point of “E” in the operation of the Victim D (Y, 54 years old); (b) placed the Defendant’s seat in his hand on the ground that the Defendant did not pay the previous drinking value; and (c) placed the Defendant’s seat by hand, the Defendant was called “in the calculation of tax base” and “in the calculation of tax base”; (d) laid down the Victim’s arms and clothes on the part of the victim’s hand, and then laid down the Victim’s arms and clothes on the part of the victim’s 28-day medical treatment.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes, such as an injury diagnosis certificate and outpatient medical records;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. The defendant asserts that there is no fact that the victim was under the influence of alcohol on the part of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., ① the victim made a statement differently from this court concerning the time of the occurrence of the crime, but from the investigative agency to this court, the defendant, who was able to get the victim's clothes, without having any credit rating, stated that "the defendant was in excess of the victim's clothes to get the victim's clothes in order to ppuri," and the circumstances of the occurrence of the crime of this case and the contents of the crime of this case are generally consistent and specifically stated. ② At the same time, F at the investigation agency, the victim stated that "F at the same time was able to put the victim's belt back to the defendant's hands and give the credit rating, and the defendant took the victim's hand.