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(영문) 대전지방법원 천안지원 2016.02.17 2015고정1004

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

At around 22:00 on April 10, 2015, the Defendant discussed the issue of victim E (33) and machinery repair at the office of the public team of “D” corporation located in Asan-si, Asan-si, on the ground that the Defendant demanded the victim to explain his / her obses, the Defendant collected labels containing tools, such as the victim’s face, chest part once, plucking, plucking, and draber, and caused the head damage requiring treatment for about 14 days, such as making the victim display his / her flick, suitable for the victim’s flick, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. Statement of the part concerning E in the police interrogation protocol for the accused;

1. Statement in the police interrogation protocol concerning E;

1. Statement of each police statement with respect to E and G;

1. Description of the written diagnosis of injury;

1. Application of field photographs and Acts and subordinate statutes on site surveys;

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. The Defendant and his defense counsel’s assertion on the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: although the Defendant and his defense counsel stated the victim’s face, chest, etc., such as breathing the victim’s breath, the Defendant did not drinking the victim’s face, breath, or display the breath.

The argument is asserted.

However, the victim had been in compliance with food and tools labelings by the defendant in an investigative agency specifically and consistently.

The defendant does not want the punishment of the defendant by compromise with the defendant in the course of investigation of confrontation with the defendant.

However, the existing statements were maintained.

After the case, the victim's photograph and the victim's death diagnosis report, etc. are also supported by the victim's above statement, and in particular, immediately after the victim's death.