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(영문) 서울남부지방법원 2015.04.07 2014고정3652

상해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 19:30 on August 11, 2014, the Defendant, at the rest in the Gangseo-gu Seoul Metropolitan Government Yero 8, 410-dong 410-dong 410, Dara, Dara Da, coming from the victim C (the age of 47) who was flaging and flaging, coming from the victim's face, coming from the victim's face, coming from the head, was faced with the victim's left eye, and was continuously holding the victim's chest and body on about 6 weeks, and caused damage to the victim's eye and eye that require about 6 weeks of treatment.

Summary of Evidence

1. C’s legal statement;

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

1. Statement to C by the police;

1. C’s statement;

1. A written diagnosis of injury;

1. Bodily damaged photo;

1. Copies of medical records; and

1. A report on investigation (on-site verification and witness search and investigation);

1. Application of Acts and subordinate statutes on report of occurrence of violence;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that at the time the defendant only has a trace of putting the victim's hacker belt by hand from the victim's hacker, and that at the time there was no fact of hacking the victim's chest and body by drinking as stated in the judgment, hacking the victim's face with his head, hacking the victim's eye with his head, or hacking the victim's chest and body.

However, since the investigation agency to this court, the victim consistently stated to the effect that "at the time, the defendant was faced with vision, why is why the defendant was dissatis and resisted, the defendant was faced with his face by drinking, and the defendant was faced with his hair and body by stick for delivery, such as the driver, etc. used on the floor," and then, the victim's left eye, the ship, and the breast part, etc. at that time.