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(영문) 청주지방법원 충주지원 2016.07.20 2016고정17

폭행치상

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 28, 2015, at around 20:20, the Defendant parked on the road in front of the access road to the village in Chungcheongnam-si, Chungcheongnam-si, the injured party was suffering from the Defendant’s arms and the Defendant’s arms, saying, “In our house, Ha, Ha, Ha, Ha, Ha,” thereby preventing the Defendant. However, the Defendant got out of the floor by spreading the victim’s chest while pushing the victim’s chest while spreading the arms.

As a result, the Defendant assaulted the victim and caused the victim to suffer injury, such as mination of fladul on the left-hand part in need of treatment for about eight weeks (the Defendant did not have the intent of assault against the victim at the time of the instant case).

The argument is asserted.

However, based on the following evidence, the Defendant also recognized that there was an intentional act of assault against the Defendant at the time of the instant case, in full view of the following: (a) it is sufficient to view the Defendant as an exercise of force against the body of the victim; and (b) the present situation at the time of the instant case is the situation in which many people gather in order to make a part of the Defendant and the victim feel their arms at the time of dispute; and (c) it appears sufficient to recognize that the Defendant would have been able to recognize that the Defendant would have been able to use his arms, at the time of the instant case.

Since it is reasonable to view the defendant's above assertion is rejected. The summary of evidence is not accepted.

1. A statement to the effect that the defendant has rootsd in court or by hand the victim;

1. Legal statement of the witness D;

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

1. Relevant Article of the Criminal Act and Articles 262 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.