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(영문) 인천지방법원 2020.10.08 2020고정1108

상해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the lessor of the commercial building in Gyeyang-gu Incheon, C's son, and the victim D(41) is the lessee of the building.

On February 11, 2020, the Defendant discovered a dispute between C and the victim due to the termination of the lease agreement from the dwelling space located on the third floor of the above building at around 30,020, and caused an injury to the victim, by hand, by over two weeks after pushing the victim's off frame, etc.

Summary of Evidence

1. Examination protocol of police suspect regarding D;

1. The defendant and his defense counsel asserted that the victim's injury diagnosis report (Evidence List Nos. 17) and his father's flaps by blocking his flaps, such as breathing flaps, while taking a bath against C, who is his father, and that the victim's chest part of the victim's breast part to seek his father was somewhat pushed about 2 times as his hand, but did not intentionally commit violence to the victim, and it cannot be readily concluded that the victim suffered injury due to the defendant's act.

However, at the time of the police investigation, the Defendant stated that the victim was removed from the victim’s chest when fating C’s chest, but the police two times, the Defendant reversed the Defendant’s statement that the victim did not directly see the victim’s chest when she wanted to drink C. However, in light of the circumstances leading up to the dispute between the victim and C by the evidence duly adopted and duly examined by this court including each of the above statements and the circumstances leading up to the dispute between the victim and C, and the victim’s attitude at the time, violence, and degree, etc., the Defendant can be sufficiently recognized that the Defendant intentionally assaulted the victim.

In addition, the diagnosis date of the written diagnosis of injury to the victim prepared by doctor E is " February 8, 2020," and the name of sick is stated as "erode base, fluorum base, and fluorum base," and the victim is assaulted by the defendant.