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(영문) 서울서부지방법원 2018.08.31 2017고정1331

상해등

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

1. Injury (2017 High 1331) The Defendant is a customer of C’s main office as C’s main office employee, and is not aware of C’s age 28.

On June 14, 2017, around 02:40 around 02:40, on the ground that he does not ice in Yongsan-gu Seoul Metropolitan Government, he threatened the victim D, who is an employee of the above main shop, with the above main shop, and caused the injury, such as the elbow bows, which requires approximately two weeks of treatment by cutting down the left hand hand.

2. A assault (2017 High 1389) around 10:51 on August 6, 2017, the Defendant assaulted the Victim H by scambling the said Victim H by scam while she was a victim’s H(30 years of age) and scambling, which was in the Yongsan-gu Seoul Metropolitan Government Yongsan-gu.

Summary of Evidence

1. Partial statement of the defendant (the purport that he/she acknowledges that he/she inflicts bodily injury);

1. Legal statement of a witness I;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act (the point of harm, the choice of fines) and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. 가납명령 형사 소송법 제 334조 제 1 항 양형의 이유 정식재판청구 후 피해자 D와 합의한 점을 참작함. 무죄부분 이 사건 폭행 공소사실 (2017 고 정 1389) 중 피고인이 발로 피해자 H의 정강이 부위를 걷어찼다는 부분에 관하여 본다.

The evidence corresponding to this part of the facts charged is only the police statement of H, and H did not testify in this court due to the uncertainty of location.

Therefore, in order to use H’s statement protocol as evidence, it should be proved that H’s statement was made under particularly reliable circumstances in accordance with Article 314 of the Criminal Procedure Act, and it should be reduced to the extent that it is not probable to do so.