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(영문) 수원지방법원 여주지원 2013.11.27 2013고정320
상해
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is an employee belonging to the "C" as an incorporated association, who works as a scientific research worker in the "E" located in Gyeonggi-gu D.

At around 17:40 on April 3, 2013, the Defendant assaulted the victim by taking the face of the victim on the ground that the victim took a conversation related to the work of the head of the Bupyeong-gun Office F Team G (the age of 41) who is the victim, on the ground that the victim took the words "the same as the opening" (a paper 10 pages).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. CCTV-caping;

1. Application of the video CD-related statutes;

1. Article 260 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 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 gist of the facts charged was that the Defendant inflicted injury on the victim, at the above date, at the above time, and at the above place, upon considering the victim’s face, such as the bones of neck, satis, and tensions, requiring approximately two weeks of treatment.

2. In determining whether the Defendant’s assault inflicted the above injury on the victim, it is not sufficient to recognize the victim’s injury solely based on health team, police statement, injury diagnosis statement, video CD, and reply to the fact inquiry, and there is no other obvious evidence to acknowledge otherwise.

Therefore, this part of the facts charged should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of crime. However, as long as it is found guilty of assault crimes within the scope of the same facts charged, the order does not separately

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