(영문) 인천지방법원 2019.01.18 2018고정1789

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(영문) 인천지방법원 2019.01.18 2018고정1789

상해

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On May 13, 2018, the Defendant assaulted the victim’s right side by double hand on the ground that the victim C(50 years of age, female) and D expressed the victim’s desire to be “the Defendant is going to grow and grow” in the direction of the Defendant, while the Defendant was able to dispose of recyclable garbage in front of the Southern-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. C’s statement;

1. Application of CCTV-video photographs and CD-related Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged in this part is as follows: (a) the Defendant, as indicated in the facts charged, inflicted an injury on C, such as the escape symptoms of conical signboards that require treatment for 28 days by pushing at the right shoulder of C.

2. Determination

A. According to the description of the medical certificate of injury, response to the submission of an order to the E hospital, etc., it is recognized that C was diagnosed by light c, etc. after receiving treatment from the Defendant on May 14, 2018, on the following day after the date when C was assaulted by the Defendant, under the diagnosis of light c, etc. at the hospital immediately after receiving treatment, and received the diagnosis of light c, etc. around May 24, 2018 after the MRI inspection conducted on May 24, 2018.

B. However, in light of the following circumstances that can be recognized by the record, it is difficult to view that evidence submitted by the prosecutor alone proves that the injury inflicted upon C was caused by the Defendant’s assault to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge it otherwise.

1) The final diagnosis name of C is, as the main disease, the high level of conical signboard escape symptoms between 5-6 and the injury and injury disease of C, the light fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluorals

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