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(영문) 대전지방법원 천안지원 2015.11.05 2015고정249
상해
Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 500,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On August 25, 2014, Defendant A committed assault to F in front of, and on the road located in, Dongnam-gu, Dongnam-gu, Chungcheongnam-gu, Yandong-gu, and the victim B (age 41), booming over the bomb, and taking it into account, and subsequently, the victim was in need of treatment for about 42 days.

2. Defendant B, at the time and place indicated in paragraph (1), committed assault to the victim A (the victim’s age of 34), such as breathing breathing and spathing breathing, etc., and inflicted bodily injury on the victim, such as spathum spawn, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. The legal statement of the witness B (limited to the defendant A);

1. A’s legal statement (limited to the defendant B);

1. Each legal statement of witness G and H in part;

1. Statement in the investigation report (CCTV investigation);

1. Each description of the injury diagnosis certificate (B), injury diagnosis certificate (A), and opinion statement (B);

1. Application of each video statute to the suspect's photographs, ctv video data photographs, and CCTV images;

1. Relevant provisions concerning criminal facts and the Defendants’ choice of punishment: Article 257 (1) of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Reasons for conviction under Article 334 (1) of the Criminal Procedure Act;

1. Defendant A recognized the fact that a part of the assault was committed, such as bomb, etc. of the victim B, but did not proceed with the victim B, and the victim B’s injury was suffered in excess of the victim’s own, and part of the facts charged is denied by Defendant A’s assault.

However, the following circumstances acknowledged by each evidence of the judgment, namely, ① The victim B made a statement to the police and this court that the Defendant A was physically injured by assaulting the victim B by putting the victim B and taking it out, etc., and thereby causing injury to the left part of the body, etc., on the part of the police and the investigation record No. 24. However, the Defendant A made a statement to the effect that the police investigation took place together with the Defendant A, but in this court, the Defendant A made a statement.

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