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창원지방법원 2017.09.28 2017고정451

상해

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 30, 2017, around 16:00, the Defendant suffered injury, such as damage to the reputation of the official play in need of approximately 2 weeks of treatment on the face of the victim E (n, 54 years of age) when he/she was in dispute of multi-face takeovers with the victim E (n, 54 years of age) on March 30, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness E and F (the defendant's act, content of damage, the victim's perception and response, and the situation before and after the crime are consistent and concrete.

The contents of statements are inconsistent with other evidence.

Unlike the victim's statement, it does not appear that there are any circumstances to be false in the victim's statement, and credibility is recognized

1. Statement by proxy in preparation of an official duty on behalf of the public prosecutor with respect to F;

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

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;