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(영문) 춘천지방법원 2016.10.21 2016고정378

상해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 13:00 on March 2, 2016, the Defendant: (a) urged the victim E (the 72-year-old) (the 72-year-old-old-old-old-old-age-old-age-old-age-based-age-based-child-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Medical certificates (E);

1. Damage and on-site photographs (the defendant and his defense counsel can sufficiently recognize the fact that the defendant abused the victim as stated in the judgment of the court, but the defendant did not inflict bodily injury by assaulting the victim at the time, as stated in the judgment. However, considering the following circumstances revealed by each evidence of the court, namely, the contents of the victim E and witness F, are specific and consistent, and the degree of credibility in the statement of the victim and witness even in light of the degree of the testimony in the court, and the parts and degree of the victim's bodily injury known in the diagnosis, damage and on-site photographs are supporting the victim's statement, it can be sufficiently recognized that the defendant inflicted bodily injury as stated in the judgment of the court, and the circumstance alleged by the defendant and his defense counsel and the evidence of the submission are insufficient to reverse the above recognition).

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence: (a) that the Defendant, instead of committing a mistake, intends not to further commit such a crime; (b) appears to have some circumstances to consider the circumstances leading to the instant crime; and (c) the degree of injury suffered by the victim is relatively insignificant.