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(영문) 창원지방법원 밀양지원 2020.05.14 2019고단406

상해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 14, 2018, around 18:00, the Defendant, at the dwelling space located in Syang-si B, brought a dispute to the hygiene problem of the victim C (the 43 years of age) who is his spouse and his child D, and went beyond the victim due to the bodily injury of the victim.

The Defendant resisted the Defendant’s assault at the same time and at the same place, and frightened the Defendant’s chest by drinking the Defendant’s chest, and frightened the victim’s face by drinking once, and frightened the victim’s face from the inside border where the victim was worn due to the shock, and the siren was suitable for the victim’s 4th finger hand.

As a result, the Defendant got the victim a "moral scambling with fingers" that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement-recording of the second protocol of trial;

1. Part C of the prosecutor's office and police interrogation protocol of the defendant

1. Statement to C by the police;

1. Each medical certificate, investigation report (the part of the damage inflicted by the victim), photographs of the damaged part, photographs and photographs of the damaged part, information on the part of the injured part, photographs, daily life and scenary photographs, the original record book, and the original confirmation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 257 (1) of the Criminal Act applicable to the crimes;

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

1. The defendant and his/her defense counsel's assertion for the following reasons shall not be accepted for the assertion and judgment of litigants under Article 334 (1) of the Criminal Procedure Act.

① The victim’s statement is very concrete and consistent, and even considering the background leading up to disputes between the Defendant and the victim and the progress of divorce litigation, it is difficult to find any motive for the victim to make a false or exaggerated statement of the injury in this case.

② As to the specific progress of the instant injury the victim stated, the possibility of occurrence is somewhat somewhat somewhat possible in terms of the probability.