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(영문) 수원지방법원 2015.04.09 2013고정3123
상해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 9, 2013, the Defendant, at around 02:40 on June 9, 2013, walked in front of Suwon-si C, and called the victim D (29 years of age) and shouldered by the Defendant, followed the Defendant, followed the victim, and followed the victim’s face from the Emnothrogate, followed the victim’s face by drinking from the Enothical stairs, and followed up the victim’s strike, etc. requiring approximately four weeks of medical treatment.

In light of the purport of the defendant's oral argument, it does not seem to hinder the defendant's right of defense even if it does not go through the procedures for Amendments to Bill of Indictment. Thus, criminal facts should be recognized as stated in the judgment that conforms to facts recognized by the records of this case without going through the procedures

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each protocol of suspect examination of the police against the defendant (including the whole part);

1. Examination protocol of police suspect regarding D;

1. An injury diagnosis certificate (D);

1. Application of each on-site photograph and any photograph of damaged parts (D);

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

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

1. In light of the background leading up to the occurrence of ditches between the Defendant and the victim, the circumstances leading up to the arrival of the police at the site of this case, the situation immediately after this case, the situation of the Defendant and the victim, and the degree of injury to the Defendant and the victim, etc., the judgment of the Defendant and the defense counsel on the assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act may be acknowledged

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