(영문) 광주지방법원 목포지원 2016.04.21 2015고정445

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 목포지원 2016.04.21 2015고정445

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

On May 26, 2015, around 15:20 on May 26, 2015, the Defendant: (a) assaulted “D” in “D”; (b) a victim’s flaps; and (c) a victim’s flaps; and (d) a flaps, flaps; and (d) a victim’s flaps, flaps, etc., to undergo two-day medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Entry of part of the witness E in the third public trial protocol;

1. Application of Acts and subordinate statutes on diagnosis of an injury, and photographs of damaged parts;

1. Relevant provisions of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Criminal Procedure Act shall be determined like the order, taking into consideration the circumstances that led to the occurrence of the case and the fact that the defendant has no record of punishment exceeding the fine, considering favorable circumstances.

The summary of this part of the facts charged is that the victim, as stated in the facts charged in the judgment of the defendant, assaulted the victim and took the head once, thereby causing injury as stated in the judgment.

However, the witness F did not deem that the defendant was unable to take the victim's head due to his appearance.

In light of the fact that the defendant's statement and the victim's statement are faced with the above injury in the process of exceeding the victim's floor, it is difficult to recognize the fact that the defendant took the head of the victim's body due to the discovery of the victim's statement or the statement of the police's statement on the victim's side, and it is insufficient to recognize the existence of the defendant's intentional injury only by the evidence of the submission of the prosecutor's report.

Therefore, this part of the facts charged is not guilty on the ground that there is no proof of crime.

참조조문

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