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(영문) 대전지방법원 2018.02.07 2017고단3116

무고등

Text

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

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

Reasons

Punishment of the crime

The defendant is a member of the mountain conference, and the victim C(58) is a driver of a tourist bus used by the defendant's mountain conference.

On April 30, 2017, the Defendant, while drinking, asked the victim C (58 years of age) about whether bus start at several times while drinking, inflicted injury on the victim, such as eye, eye, snow, surrounding snow, etc. that require treatment for about 10 days for the victim, on the ground that the victim was faced with the face of the victim and chest part, etc. at several times, and caused the victim’s injury, such as the damage of string, surrounding snow, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, E, and F;

1. A medical certificate of injury (C);

1. Record (C) (A) The defendant and his defense counsel recognize the fact that the defendant has assaulted the victim as stated in the facts charged, but there is a doubt as to whether the defendant has suffered bodily injury.

However, in full view of the following circumstances acknowledged by the above evidence, namely, the fact that the defendant assaulted the victim, and the victim was treated by the Council member on May 2, 2017 due to grhuming and visual impairment and other impairment of gral characteristics, and the victim was provided with approximately 3 days’ prescription, the victim suffered injury as stated in the facts charged by the Defendant’s act.

Since it is reasonable to see that the facts charged are guilty.

Application of Statutes

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. The portion not guilty in light of the favorable circumstances, where the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not agreed upon with the victim, and where the facts of assaulting the victim themselves are acknowledged, the degree of injury of the victim is not limited, and where there is no record of the same kind of crime, the portion not guilty is considered in light of the favorable circumstances.

1. The summary of the facts charged is at the Daejeon Dong-gu Police Station located in Daejeon on May 11, 2017.