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(영문) 광주지방법원 2014.08.12 2014고정350

상해

Text

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

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

Reasons

Punishment of the crime

On January 14, 2014, at around 08:40 on January 14, 2014, the Defendant spits the victim’s face and spits the victim’s right flap, and spits the victim’s face once, on the ground that the victim D (the age of 68) was flaped without permission from the defendant in Seo-gu, Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A part of the photograph of the assault (D);

1. A written diagnosis of injury [the defendant and his defense counsel are spits or spits on the face of the victim at the time, but they are not sufficient to recognize the above facts by assaulting the victim as stated in the judgment, but the following circumstances revealed by each evidence of the judgment, namely, the contents of the victim's statement, are specific and consistent, in light of the degree of the victim's statement in court, the credibility of the victim's statement is established, and the part and degree of the victim's injury known in the written diagnosis of injury or photograph image are supporting the victim's statement. In full view of these circumstances, the fact that the victim's injury was inflicted by assault as stated in the judgment of the defendant can be sufficiently recognized, and the witness E's testimony and the defendant's defense counsel's assertion are insufficient to reverse the above

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

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

1. In full view of the following circumstances: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act, based on the circumstance and degree of injury of the Defendant committed the instant crime; and (b) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (c) all other circumstances constituting the conditions for sentencing as indicated in the pleadings of the instant case, such as the circumstances after the commission of the crime, etc., the amount of fine