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(영문) 전주지방법원 2018.02.09 2017고정819

상해

Text

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

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

Reasons

Punishment of the crime

The Defendant, at around 16:30 on June 25, 2017, was repairing a bicycle at the entrance of the Kim Jong-si, Kim Jong-si, 7-8 Ra, for the victim D ( South 52 years old) who was repairing the bicycle.

“Abreging a trial, but the victim did not answer any question, the victim fatd with fat, knee and knee with his hand and knee with the victim’s hume and knee with the victim’s hume and knee with the victim’s hume and fat, and the victim hume with the victim’s hume and cane with the victim’s body.

As a result, the defendant had the above victim receive approximately three weeks of medical treatment, such as "the left-hand hand room".

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A written diagnosis on D;

1. Investigation report (verification of black stay images and attaching photographs);

1. Application of each statute on photographs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and his defense counsel asserted that he did not commit an injury to the victim, as indicated in the judgment, by setting up against the victim who was damaged by his own gale, and doing so.

2. The written injury diagnosis submitted by the victim of the crime of injury in the form of a legal doctrine generally grasps the cause of injury based on the victim's statement, and records the part and degree of injury through mobilization of medical professional knowledge to observe and determine, and it is insufficient to be a direct proof of the fact that the injury as stated was caused by the criminal act of the defendant. However, the date of diagnosis of the injury and the date of preparation of the written injury diagnosis shall be the same.