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(영문) 광주지방법원 2018.09.20 2018고정656

상해

Text

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

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

Reasons

Punishment of the crime

On April 23, 2018, around 21:35, the Defendant injured the victim D (47 years of age) who was lower than that of the Defendant, who was aware of the usual place in Gwangju-gu, Nam-gu, Gwangju-gu, on the ground that the victim D (47 years of age) went against the Defendant. On the hand floor, when the victim 3-4 times the victim’s sckes, the Defendant sustained the victim’s injury for a approximately two-day period of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Each police statement made to D or E;

1. A written diagnosis of injury (the defendant and defense counsel does not have a causal relationship between the violence of the defendant and the injury of the victim;

The argument is asserted.

However, even if considering various circumstances, such as the testimony of the victim pointed out by the defendant and his defense counsel, in light of the methods of assault, frequency of assault, robbery of assault, accord between the part causing assault and the part causing the bodily injury, motive and circumstance of the victim being treated and the motive and circumstance of the victim being treated, progress after being treated, and the contents of the written diagnosis of the injury, etc., it is difficult to accept the above assertion, since it is recognized that the victim's health condition was significantly changed due to the Defendant's assault.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 257 of the Criminal Act concerning the crime, the choice of fines (the amount of fines shall be determined in consideration of the agreement with the victim after the institution of public prosecution);

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;