beta
(영문) 대전지방법원 서산지원 2014.04.10 2013고단429

상해

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 01:30 on October 31, 2012, the Defendant: (a) expressed that the victim C(38 years of age) is wraped with D at the west-gu area located underground of the building of the Yacheon-gu, Geumcheon-gu, Sucheon-si, the Sincheon-gu, the Defendant inflicted an injury on the victim’s shoulder and head by walking the victim’s bridge, leaving the victim’s shoulder up to the floor; and (b) caused the victim’s face when the Defendant reported by the sloter, etc., the Defendant inflicted an injury, such as cutting off the thirth for about 56 days, by taking about the victim’s face.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. Statement made by C by a witness in the third protocol of trial;

1. Application of Acts and subordinate statutes on death diagnosis certificates and damaged photographs;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act is asserted that at the time of the instant case, at the time of the instant case, the victim spawddddd with D and spawdddddddd with D, the victim lost the center in the process, and the defendant did not go beyond the victim.

In other words, the following circumstances acknowledged by the evidence are: ① The victim stated that the defendant, who was able to pay the money to D within the party room, was at the time of the victim's statement and the replacement of the victim's statement from the investigative agency to the court room; ② The victim first stated that he was at the investigative agency that he was at the time of the victim's shoulder, but E made an objective statement on this case, such as the victim's statement different from the facts, and that he was at the time of the defendant's statement that he was at the request of the victim, and that he was at the request of the victim, and ③ the defendant was at the discretion of the victim.