beta
(영문) 서울중앙지방법원 2020.04.10 2019고정2610

상해

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant and the victim B are adjoining, noting, and noting.

On August 10, 2019, after drinking alcohol with the victim and village neighbors, the Defendant thought that the Defendant walked in front of the Gangnam-gu Seoul Gangnam-gu Seoul apartment complex, and thought that the victim under his age would be able to prevent it from being frightened to his own sway, caused the victim's face to be frighten in the face of the victim, and caused the victim's injury to the days of treatment, such as knee, kne, to tear down on the ground floor.

Summary of Evidence

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

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to photographs of victims;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserts that, at the time of the instant case, the victim was assaulted first by the victim, the victim’s face was taken by drinking, but there was no fact that the victim was sealed on the ground floor to teared.

2. 판단 이 법원이 적법하게 채택하여 조사한 증거에 의하여 인정되는 다음과 같은 사정, 즉 ① 피해자는 경찰 조사 당시 “피고인이 쫓아오더니 갑자기 저를 밀쳐서 땅에 엎어지게 하고 주먹으로 얼굴을 몇 대 때렸으며, 이로 인해 입술 안쪽이 찢어져서 몇 바늘 꼬맸고, 오른쪽 무릎 부분도 찢어져서 몇 바늘 꼬맸다”라고 피해 사실을 구체적으로 진술하고 있어 신빙성이 있는 점, ② 피해자의 피해사진(증거기록 7면)에 의하면, 피해자는 이 사건으로 인하여 무릎이 찢어진 사실이 인정되고, 이는 피고인의 가해행위와 관련이 있다고 보이는 점, ③ 피고인...