상해
1. The sentence against the accused shall be 1,000,000 won;
2. The defendant does not pay the above fine.
Punishment of the crime
On February 10, 2017, around 22:10, the Defendant: (a) known in the Sinsan-si “D” located in the Sinsan-si, and drinking after drinking the victim E (46) and drinking alcohol, and (b) went out of the above main point, without any justifiable reason, followed the victim E by assaulting the head part of the victim E one-time to drinking, and thereby requiring one-time medical treatment.
Summary of Evidence
1. Each legal statement of witness E and F;
1. A medical certificate of injury [Defense Counsel and the defendant are denied the facts charged.
In a case where the statement of a witness, including the victim, is mutually consistent and consistent with the facts charged, it shall not be rejected without permission unless there is any separate evidence to deem that the statement of a witness, including the victim, is objectively consistent with the facts charged. The credibility of the statement should not be readily denied solely on the ground that the statement of a witness is inconsistent with the main part of the statement, and it is somewhat inconsistent with the statement of other minor matters (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). A witness E and F (a third party as a business owner) may believe each legal statement of the witness E and F (the defense counsel may not assault the victim because the diameter of the original deposit reaches 120cm, and the defendant cannot be readily concluded at the time of the instant deposit with the center of the assault of the original victim.
In several ways, the defendant can set a distance from which the defendant can sufficiently assault the victim's head. If so, the facts constituting the crime in the judgment of the court below are proved by the evidence above.
Therefore, we cannot accept the defense counsel and the defendant's argument.
Application of Statutes
1. Relevant Article 257 of the Criminal Act concerning criminal facts, Article 257 (1) of the Criminal Act concerning the selection of punishment, and fines;