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(영문) 서울중앙지방법원 2019.05.16 2018고정2511

상해

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 19, 2016, at around 14:00, the Defendant interfered with the assembly by: (a) entering the meeting place in front of the Jongno-gu Seoul Jongno-gu B Building with the victim D (V, 57 years old) who is the participant in the assembly and working together with the victim D (V, 57 years old) who entered the meeting beyond polysium; (b) “Is the ice, Is the ice, Is the arm, and was able to see their will.”

Then, the victim abused the victim's right hand over 3 to 4 times by drinking the part of the victim's left hand, etc. with the victim's escape because the defendant's defect in 112 reported the victim's 14-day medical treatment, and the victim inflicted an injury on the victim's hand, hand, hand, and other parts of the 14-day medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of the witness to the witness D;

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

1. Statement of D police statement;

1. On-site photographs;

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

1. Article 257(1) of the Criminal Act of the relevant criminal facts under Article 257 of the Criminal Act (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012) regarding criminal facts shall not be rejected without permission, unless there exist any other reliable data to deem that the victim’s statement that supports the facts charged is mutually consistent and consistent with the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The victim of the instant case consistently stated the circumstances of the instant case, the method of assault by the Defendant, and the degree and degree of the injury inflicted on the victim, etc. from the investigative agency to the court of the instant case, consistent with other evidence submitted by the prosecutor. Furthermore, the victim was issued a diagnosis after the instant case, and the degree and degree of the injury inflicted upon the victim’s statement correspond to the causes or developments of the injury inflicted on the victim.