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(영문) 대구지방법원 서부지원 2012.09.21 2012고정922

상해

Text

Defendant

B shall be punished by a fine of KRW 1,500,000.

Defendant

B If the above fine is not paid, 50,000 won.

Reasons

Punishment of the crime

Defendant

B around 13:15 on April 15, 2012, around 13:15, in E, the upper defendant A, who installed a axis, with A, was punished for approximately four weeks of her face, and the upper defendant A and the upper defendant A, who made a axis, applied approximately four weeks of her face to A.

Summary of Evidence

1. Defendant B’s legal statement

1. Each police statement made against Defendant A and F;

1. Application of Acts and subordinate statutes on diagnostic certificates and damaged photographs;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. A summary of the facts charged against Defendant A around April 15, 2012, at around 13:15, Defendant A suffered damage to the face that requires approximately two weeks of treatment to B when he/she takes a common face.

2. Determination

A. The above Defendant merely spreaded B’s arms with its own arms consistent to this court from the police to this court, and there is no change in the part of B’s chest with its elbow part, or in his face with b’s belb, b’s belf, and b’s face with drinking.

B. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence alone presented by the prosecutor alone is insufficient to deem that the above facts charged against the defendant was sufficiently proven beyond a reasonable doubt, and there is no other evidence to acknowledge this otherwise.

(1) The instant dispute between the said Defendant and B was committed by the said Defendant (Supervision) and B (General Members) who belong to the same sports club after completing a sports games. Therefore, the said dispute is relatively easy for the members of the said sports club or the relevant parties, who had viewed the sports in the vicinity of the said sports club at the time.