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(영문) 대구지방법원 상주지원 2013.04.02 2012고단115

상해

Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 19:00 on October 3, 200, the Defendant settled at the Defendant’s house located in C apartment 110 dong 114 at the Defendant’s house (hereinafter “C apartment 110 dong 114”) and, on the grounds that the Defendant is suspected of avoiding the wind with other women, the Defendant considered “prisoning the victim” to mean “prisoning the victim, she should be fit,” and the victim’s head and face by drinking and sponing the victim’s head and face, making it possible for the victim to know the period of treatment.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Some prosecutor's protocol of interrogation of the defendant (including D's statement)

1. A report on investigation (198 pages);

1. A copy of each medical examination and treatment record (11,46 pages);

1. The application of text messages (140 pages of an investigation record) (140 pages) (Recognizing the credibility of statements made by a defendant in light of the body, consistency, legal attitude of the victim's statement, and the fact that the defendant complained of the defendant's assault before the instant case (73 pages of an investigation record), etc., the above investigation report, copies of medical records (11 pages of an investigation record), and text messages, etc. are also supported by the criminal facts

1. Article 257(1) of the Criminal Act applicable to the crime, Article 257(1) of the option of punishment, and the choice of a fine [It is reasonable to view that the type of a fine constitutes an injury under the Criminal Act in light of the medical treatment details and circumstances indicated in evidence.]

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Of the facts charged in the instant case under Article 334(1) of the Criminal Procedure Act, the summary of the Defendant’s injury on November 2, 2009 among the facts charged in the instant case requires DNA medical treatment for 21 days due to the following reasons: (a) the Defendant sent a text message to the Defendant’s wife D at the latest at the Defendant’s residence on November 2, 2009, on the ground that at the night on November 2, 2009, the Defendant sent the Defendant’s home at the latest, demanding the Defendant’s home to return to the Defendant’s home; (b) the Defendant’s home-to-face and drinking d head, face, and return home-to-face.