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(영문) 서울서부지방법원 2017.06.05 2017고합63

상해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, as a person who works as a contractual officer in the victim D(31) and the master university E team at the university of Korea, had a good appraisal for each other.

Accordingly, the Defendant and the victim prepared a letter to the effect that “any injury or damage is covered by mutual agreement, and shall not be held liable for civil and criminal liability.”

around 19:00 on April 27, 2016, the Defendant inflicted an injury on the victim, such as “an open room for the part where the head is unknown,” which requires approximately three weeks of medical treatment, by fighting with the victim in front of the 32-31 master school in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, 201, and then cutting the victim’s fighting in front of the front 32-31 master school, attaching head bonds, and taking the face on the concrete wall.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F, and part of witness G, in the court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Application of Acts and subordinate statutes to a report on the occurrence of an injury, report on internal investigation (or counterparty to a victim), investigation report (on-site investigation), investigation report (related to receipt of a written complaint), investigation report (related to receipt of a written complaint),

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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 as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act

1. Summary of the assertion

A. As stated in the facts charged, the Defendant prepared a letter as stated in the facts charged and put it up to the victim and the place indicated in the facts charged.

However, in order not to cover the victim with the victim, only the victim's hand was pushed and pushed down, and there was no act of covering the victim's head with concrete walls by attaching the victim's head debt as stated in the facts charged.

(b)the defendant has committed such an act;