beta
(영문) 수원지방법원 성남지원 2018.11.28 2018고정466

상해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, at around 13:15 on October 8, 2017, at the third female toilets of building B in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Sungnam-si, and at the same time, the Defendant was slick to the victim, while the victim C was showing video at the same time.

The victim suffered injury, such as ‘NOS', which requires approximately two weeks of treatment, by putting the clothes of the victim in his/her hands, wheeling the victim's face, wheeling the part of the victim's face, and folding the part of the victim's face.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. An investigation report, C damaged photograph, and written diagnosis of injury (the Defendant and his defense counsel asserted that the Defendant was unilaterally assaulted by C at the time, and that it was passive resistance to get out of it. However, the following circumstances acknowledged in accordance with the aforementioned evidence duly adopted and investigated by the court, namely, C, the victim’s witness, made a detailed and detailed statement about the fact that he was assaulted from the first investigation agency to the court, the circumstances and details thereof, consistency in the statement, and the explanation of the situation is reasonable in light of the empirical rule, and it was difficult for the Defendant and the victim to see that D, a witness, also had been able to turn on a blance with each other

In full view of the following: (a) it can be known that the victim was not an unilaterally assaulted by the victim at the time of the victim’s statement, etc.; (b) it is difficult to view the victim’s face side side side in the victim’s photograph as a passive resistance trace; and (c) the Defendant’s male-friendly Gu at the time when the fighting was fighting, but at the same time, if the Defendant avoided the fighting, it appears that the fighting would have been suspended

Therefore, the above argument shall not be accepted] Application of the law

1. Article 257 of the Criminal Act applicable to the crime and Article 257 (1) of the Criminal Act of the choice of punishment.