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(영문) 광주지방법원 2015.08.27 2014고정1247

상해

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

At around 13:30 on April 26, 2014, the Defendant inflicted injury on the victim E (55 years of age) and the victim E (5 years of age) to the household left at the parking lot in Gwangju North-gu, Gwangju-gu, due to the outbreak of the mouth and shoulder of the victim moving to the fluor, and caused the victim's chest and shoulder to the fluor, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness E and F in the second protocol of the trial;

1. Each statement of witness G, H and I in the fourth protocol of the trial;

1. On-site photographs, a written diagnosis of injury, an investigation report (related to a medical certificate) (the defendant and his/her defense counsel asserts that the defendant did not inflict injury upon the victim as stated in its reasoning. However, the following circumstances acknowledged by each of the above evidence, namely, ① the investigative agency and the victim make a statement to the effect that he/she suffered injury by the defendant, as consistently stated in its reasoning, from the investigation agency to the court; ② the witness of the situation at that time is consistently made a statement to the effect that the victim’s statement corresponds to the victim’s statement from the investigative agency to the court; ③ the doctor who diagnosed and treats the victim appears to have been by external shock; ③ the doctor G who provided the diagnosis and treatment of the victim, is sufficiently recognized as having inflicted injury upon the victim as stated in its reasoning. Accordingly, the above argument is not accepted).

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;