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(영문) 전주지방법원 2016.08.12 2016고정238

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

On November 9, 2015, at around 18:30, the Defendant discovered that his wife E, who is in the divorce suit, is in the reading room user F. (42) and one person room in the reading room at around 1, 2015, from the D Reading room at Kim Jong-si, and caused the victim to wear the breath, and the victim’s breath by hand.

The defendant continued to face the victim's body with the victim's body in the corridor at the place where the victim was living together, and the defect about to move out of, and the victim's body was removed by hand, and the victim's body was pushed off with the victim's body toward the glass.

As a result, the Defendant committed a large amount of money needed for the victim to receive approximately two weeks of treatment, the father and the fluence of the past.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, E, G, and H;

1. Statement made to F by the police;

1. Statement by the police in relation to E and G;

1. A president of the F;

1. A medical certificate with respect to F (19 pages of investigation records);

1. G self-statements;

1. A photo of the damaged part;

1. Application of investigation reports (related to the verification of CCTV images in a field D reading room and to the filming photographs of the site), and application of each Act and subordinate statutes attached thereto;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. Defendant and his defense counsel’s assertion

A. In order to prevent the victim from escape, the defendant only sprinked the victim's spons with two arms, and did not let the victim sprink against the opposite side or glass.

B. The Defendant committed an act of communication with his wife E

I think that it was about to put the victim, so the defendant thought that his act was legitimate, and there is a justifiable reason to mislead him as a legitimate act.