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(영문) 대전지방법원 서산지원 2014.04.03 2013고단687

상해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant: (a) during the course of illegally occupying a house or dry field located D at the time when C was purchased in 2011 by the victim C; (b) during the period around 07:00 on July 2, 2013, the Defendant: (c) thefted with five weeks at the market price equivalent to KRW 10,000, which is the victim’s possession of the said dry field; and (d) the same month;

4. At around 17:30, the victim, who was planted in the dry field at the above dry field, was stolen with ten wing bean equivalent to the market value of KRW 20,000, which was the victim's possession.

2. On July 4, 2013, at around 17:30, at the same place as Paragraph 1, the Defendant: (a) expressed that the victim C (here, 62 years of age) was fested agricultural crops in the said dry field; (b) took a bath to the victim, “the victim’s inside part of the victim’s inner part of drinking water is 1 time,” and (c) extracted the river wing be, which was planted in dry field, carried out three times the part of the victim’s inner part of the 14-day medical treatment, thereby causing injury to the victim, such as chrodum, tension, etc. for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Police officers and prosecutor's protocol of examination of the accused;

1. A report on investigation, on-site photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 329 of the Criminal Act, and the selection of fines for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. 상해죄 부분에 대하여 피고인은 2013. 7. 4. 17:30경 피해자에게 상해를 가한 사실이 없다고 주장하나, 앞서 거시한 증거들에 의하여 인정되는 다음과 같은 사정 즉, 피해자 C은 수사기관에서부터 이 법정에 이르기까지 일관되게 피고인으로부터 안면부를 가격 당해 상해를 입었다고 진술하고 있고, 위 사건 당시 현장에 도착한 경찰관들도 그 당시 피해자의 귀 부분이 빨갛게 변해 있었다고 진술한...