beta
(영문) 대구지방법원 2015.01.22 2014고단4823

상해등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 27, 2013, at around 22:00, the Defendant used the victim's face at one time in a singing room located in the name of the Dongdong-gun, Gandong-gun, for the reason that the victim C (at the age of 51) was under the influence of alcohol, and assaulted the victim's face by hand.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Application of the police protocol law to C

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. On March 6, 2012, around 20:00, the Defendant, who was living together with the victim C (here, 51 years of age) who was living together in the domicile of the Defendant’s studio in Daegu Northern-gu, Daegu Northern-gu, and the issue of business investment, was suffering from the injury of the victim, such as cerebrovassis, in which the number of days of treatment cannot be known to the victim at two times by hand.

2. According to each evidence duly adopted and investigated by this court, it is recognized that the defendant was her her son at two times, but further, examining whether the victim was injured by cerebrovascular, etc., the statement of C, corresponding thereto, is different from the facts of the instant case, and the contents of the date and time of the assault and the statement are not reliable, and the evidence submitted by the prosecutor alone cannot be acknowledged the causal relationship between the defendant's assault and the victim's cerebrovascular.

Thus, this part of the facts charged should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of a crime. However, as long as the public prosecution is dismissed as follows with respect to the violence included in this part of the facts charged, the judgment of

Public Prosecution Rejection Parts

1. Facts charged;

A. On March 6, 2012, the Defendant’s assaulted on March 6, 2012 studio in Daegu Northern-gu, Daegu, around 20:00.