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(영문) 청주지방법원 2015.07.17 2015고정112

상해

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Around 18:50 on July 12, 2014, the Defendant: (a) at the third floor parking lot of “Mail-ro 1853, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju-si, and 1853, the Defendant: (b) was in dispute on the ground that C was demanded to deduct the parking space first selected by the Defendant from the parking space in which C was parked by driving his vehicle; (c) C took a bath for the Defendant; (d) opened his driver’s seat so as to make it difficult to open his vehicle so that C may face the body of the Defendant; and (e) set up against C’s act, C took a bath, such as “pathy, male son, bottler, and so on”; and (e) 1) treat the victim with the shoulder by breaking it by hand once, with his hand, by breaking it up to the right-hand, so as to cause the injury of the victim for one-half and 2 (one-day) pum.

Summary of Evidence

1. Part of the witness C’s legal statement, and witness D’s legal statement;

1. A certificate of diagnosis of injury (Evidence Nos. 10), “mail and bodily injury photo” (Evidence Nos. 12), and a copy of a medical record;

1. In the investigation report (in the field CCTV investigation), photographs are included. In the investigation report (in the investigation of CCTV records, such as emergency rooms of the hospital of the Chungcheong National University), two CDs are included. The Defendant asserts that there was no injury to the victim by doing any act, such as plucking, plucking, etc. of the victim.

According to the above evidence, it is difficult to view that the defendant's act was proven to the extent that there is no reasonable doubt as to the fact that the defendant committed such act, in light of the fact that the victim's head was damaged by the cell phone at the time and at the place of the judgment of the court, and the on-siteCCTV video or the victim also stated that it was thought later.

However, this is only a description that led to the crime of injury, and it is merely an extra description that has no relation to the occurrence of injury.