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(영문) 대구지방법원 2013.04.10 2013고정170

과실치상

Text

Defendant

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

If the above defendant does not pay the fine, 50,000 won.

Reasons

Punishment of the crime

C On October 28, 2012, around 00:10 on October 28, 2012, around 00:10, when returning home in front of the E-cafeteria located in Daegu Northern-gu D, the face of the Defendant A was flick with the Defendant A once a week, and the face of the Defendant B, who said flick, was flick, was used on the floor.

Defendant

A misunderstanding that the victim F (the 40 years of age) who fights at the same date and at the same place as the above date and at the same place was flicked by the victim F (the 40 years of age) was flicked by the defendant B, and then damaged the victim's shoulder over the ground floor, thereby resulting in the victim's 6-day medical treatment, 8 weeks of the left-hand fl

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

1. Relevant Article of the Criminal Act and Article 266 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. On October 28, 2012, at around 00:10 on October 28, 2012, C used the face of the Defendant A at a time when the Defendant A and the shoulder met while staying home in front of the E-cafeteria located in Daegu Northern-gu, Daegu-gu, and used it on the floor.

Defendant

B sets up against the above C's acts at the same time and at the same place, C is pushed up with his body and fighting.

As it goes beyond the four-day medical treatment to C, the body of the 4th finger bones, which requires four weeks' medical treatment, was laid down.

2. Each police suspect interrogation protocol and injury diagnosis protocol (C) regarding Defendant B as evidence that seems to correspond to the facts charged in the instant case against Defendant B. According to this, the fact that C suffered bodily injury from the alley of the 4th son, which requires approximately 4 weeks of treatment at the time of the instant case, is recognized.

However, the following circumstances acknowledged by the record, i.e., Defendant B, from the investigation agency to this court, are consistent.