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(영문) 인천지방법원 2018.12.07 2018고정1879

상해등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Around 16:00 on April 3, 2018, the Defendant: (a) demanded the victim E (72 years of age) and the victim from “D party room” located in Nam-gu, Incheon Metropolitan City, for singing room; (b) the victim refused to do so; (c) the victim refused to do so; and (d) the victim’s chest was satisfing and sating the victim’s hair by hand; and (c) the victim’s chest was satisfed by drinking.

2. The injured Defendant is a victim F (45 years) who was next to, at the time and place specified in the above paragraph 1, the victim F (45 years) and the victim’s assault as above. “I must do this,” and the victim’s obscis

“In the course of taking a bath, the victim suffered bodily injury, i.e., on the part of the victim, in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made in relation to F, E, and G;

1. Photographs of damage caused by violence;

1. A medical certificate of injury and a receipt of medical expenses invoice;

1. The Defendant and his defense counsel asserted that the investigation report [the Defendant and his defense counsel merely did not assault the Defendant only in a dispute with E, and that the F was pushed ahead of it in order to no longer meet the process of unilaterally assaulting from F, which constitutes a passive resistance act that does not go against social norms and thus constitutes a legitimate act.

However, according to the evidence duly adopted and examined by this court, the contents of the statement in F, E, G investigation agencies and this court conforms to considerably specific and alternative contents, injury diagnosis and treatment are also consistent with this, and credibility is high in light of the attitude of the statement.

According to the above evidence, it can be sufficiently recognized that the victims were assaulted or injured as stated in the facts charged in the judgment of the defendant.

In addition, the defendant's act is passive in relation to the attack of the victim in light of the developments leading up to the assault and the victim F's injury.