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(영문) 대전지방법원 천안지원 2017.05.18 2016고정699

상해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Around 12:00 on March 11, 2016, the Defendant: (a) received a claim from the victim D (Inn, 86 years of age) who is an apartment building from the front corridor of the 101-dong 705-dong 101-dong 705, that the Defendant would not smoke from the corridor; (b) thereby, the Defendant, by hand, inflicted injury on the victim, such as cutting down the body part of the frame that requires approximately 14 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the protocol of examination of witness E in relation to witness E, and recording files of examination of witness;

1. Recording file CDs of the telephone statement;

1. A written opinion and an investigation report (to hear the statements of the chief judge in charge D) (the defendant and the defense counsel asserts that the defendant has received a claim from the injured party at the time and place specified in the facts charged, but they do not go beyond the victim.

However, according to the evidence duly adopted and examined by this court, the victim resisted to the purport that he would not smoke from tobacco to the defendant at the time and place stated in the crime, and immediately thereafter, the victim suffered injury as stated in the crime, and the victim immediately sent back to 119, and told that "709 women (the defendant's horses were pushed down) were pushed down," and the victim stated to his children immediately after transmission that "the defendant was pushed down," and the victim stated to the effect that "the defendant sustained bodily injury by being pushed down by two descendants" during the investigation process.

According to these facts, it can be sufficiently known that the defendant suffered an injury by harming the victim as stated in the facts of the crime.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime.

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

1. The degree of injury suffered by the victim for the reason of sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment (the victim).