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(영문) 서울서부지방법원 2019.05.23 2017고단4027

상해

Text

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

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

Reasons

Punishment of the crime

From around 17:52 on August 18, 2017, the Defendant inflicted an injury on the victim E (5 million won) out of the total of KRW 15 million, which was promised to revoke the objection of the victim E (73 years of age) and the dividend in front of the above court room, front of the above court ruling, and the moving process, etc., of the 2-hour D Bank C located in Busan B, the volume of which was about 2 hours from around 17:52, 2017. The Defendant got off the victim’s right hand to prevent the victim from carrying it, and caused the victim by plucking the victim’s left hand, thereby causing the victim’s injury, such as the third hand, which requires treatment for about 43 days.

In light of the fact that the Defendant’s exercise of the Defendant’s tangible power was suspended, repeated, and sufficiently examined through the examination of witnesses regarding the exercise of tangible power at each place of crime and each place of crime, the summary of the evidence to acknowledge facts as above without changing the indictment, considering the fact that there is no substantial disadvantage in the aspect of exercising the Defendant’s right to defense, etc.

1. The defendant's partial statement in the second protocol of trial;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the defendant's suspect (including the cross-examination);

1. Statement of the police statement of E;

1. A criminal complaint and a written statement of case;

1. Medical expenses receipt, X-ray CD, medical certificate, injury diagnosis certificate, 112 reported case processing table, photograph;

1. Application of Acts and subordinate statutes of the investigative report (No. 10,26)

1. Article 257 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. The defendant and his defense counsel found the defendant guilty of Article 334(1) of the Criminal Procedure Act of the provisional payment order, and there is no plucking or plucking up the victim's chest, or the victim's left fingers due to the blue of arms, at the time of the case, the winter line that the defendant and the victim shared, is located in front of the court outside the outdoor rest area in front of the D bank in C, the police patrol of the parking lot.