(영문) 대전지방법원 2020.02.17 2019고정474

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(영문) 대전지방법원 2020.02.17 2019고정474

상해

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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 28, 2019, the Defendant: (a) committed assault to the victim C (the 59-year-old) in front of the Jung-gu Daejeon, Daejeon, on the face of Ba, by admitting the victim C (the 59-year-old age) as one of his front locations, by drinking his face; and (b) assaulting the victim’s face going beyond the grasium and walking a bridge, thereby treating the victim for about three weeks; and (c) inflicted other injury, such as the impairment of the character of the following bridge, gymp, and the inspection.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to internal investigation reports (except for the parts of statements Nos. 4, C, and D) and diagnosis reports;

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

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s summary of the assertion does not in itself have the fact of assaulting the victim as stated in the facts charged.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the judgment, the fact that the defendant inflicted an injury on the victim as stated in the facts constituting the crime can be acknowledged.

(1) A victim has credibility in making a statement from an investigative agency to an investigative agency, by consistently and specifically stating the circumstances from the defendant to the date of assault, the details of the defendant's statement, and the details of the defendant's assault.

② At the time, D, in this court, testified that “I heard the speech of human being, and see it out, so I would like to see why I would be the victim, and the Defendant would be able to take the victim, and I would like to see the head of the victim who was seated in the closure of his body, and I would like to remove him.”

This is consistent with the victim's statement.

③ Prior to the instant case, the victim was unaware of the Defendant.

The victim of this case.

참조조문

유사 판례

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-서울중앙지방법원 2016.01.21 2015노2835