(영문) 부산지방법원 2020.01.13 2019고정1157

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자간(%)

(영문) 부산지방법원 2020.01.13 2019고정1157

상해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

At around 21:50 on March 8, 2019, the Defendant, as the C youth association president of the B federation, divided documents into members as poor in the previous meeting by the victim F (39 years of age) of the auditor of the B federation at the entrance of the E restaurant located in Busan Busan-gu, Busan-gu, the Defendant sustained the victim’s knife part of the victim’s knife at one time, and caused the victim’s knife by spacing the breath of the victim’s knife, and caused the victim’s injury, such as the knife, the knife, the knife of the left part of the victim

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A complaint filed by the F;

1. A photograph of the upper part of the body;

1. A written diagnosis of injury;

1. Application of CCTV-cape Acts and subordinate statutes;

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

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

3. Determination of the Defendant and defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant did not injure the victim, but did not injure the victim.

There was no intention to commit an injury.

2. Determination

A. The written injury diagnosis submitted by the victim of the crime of injury generally grasps the cause of the injury based on the victim's statement, stating the part, degree, etc. of the injury observed and determined by the doctor by mobilization of medical professional knowledge, and it is insufficient to be a direct proof of the fact that the injury as mentioned above was caused by the criminal act of the defendant. However, if the date and time of the diagnosis of the injury are close to the time of the occurrence of the injury and the time of the issuance of the written injury diagnosis, there is no special circumstance to suspect the credibility of the injury, and if the part and degree of the injury as mentioned are consistent with the cause and circumstance of the injury alleged by the victim, the victim suffered the injury differently due to assault from the third party around that time.

참조조문

유사 판례

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