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(영문) 춘천지방법원 2016.06.28 2016고정157

상해

Text

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

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

Reasons

Punishment of the crime

On July 10, 2015, at around 22:55, the Defendant directed his own son in front of the “E” restaurant located in Chuncheon City D, and thereby, G, who is working for the Victim F (M, 36 years old), thereby complying with this, she “hhhhhn” to the Defendant.

“In the end of G and Sin, the victim was injured by the hearts of the front part of the front part of the front part in need of approximately three weeks medical treatment by means of putting the victim’s head debt and fighting on the ground that the victim was physically injured.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement made by the police with H;

1. A criminal investigation report (to attach documents submitted by suspect F);

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (F);

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. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the defendant's head debt of the victim at the time is inconsistent, but it is a legitimate defense to defend the victim's unfair infringement.

In addition, it can not be recognized that there was an injury requiring three weeks of medical treatment to the victim only by the fact that the defendant gets the head of the victim's head.

2. In full view of the following circumstances revealed by the evidence of each judgment, i.e., the contents of the victim F and witness H’s statement, and the degree of credibility in the victim’s statement and witness’s statement in the court in light of the degree of testimony in the court, and the parts and degree of the victim’s injury known in the medical examination report support the victim’s and witness’s statement, it can be sufficiently recognized that the Defendant inflicted an injury on the victim by putting the victim’s head and fighting as stated in the judgment of the court.