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(영문) 인천지방법원 2019.02.19 2018고정1246
상해
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B(n, 43 years of age and intellectual disability 2 level) are marital relationships.

On October 24, 2017, the Defendant, at around 09:00, sustained injury, such as a chest aggregate, etc., on the ground that the wife victim arbitrarily used the rehabilitation treatment expenses of the children who are the first degree disabled in the brain disease. On October 24, 2017, at around 09:0, the Defendant used the victim's chest at around 4 weeks in drinking, for the victim's chest, without paying the rehabilitation treatment expenses of the children who are the first degree disabled in the brain disease.

Summary of Evidence

1. Each legal statement of witness B and E;

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

1. Partial statement of the police interrogation protocol of the accused;

1. B’s statement statement made by the police on December 17, 2017

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Determination as to the assertion of the defendant and defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts that the defendant did not have any fact when he was the victim, and that the victim would have been mixed with cerebral typhism.

2. The victim is present in this court as a witness and stated that the defendant was her chest while drinking alcohol.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the victim’s above statements can be sufficiently reliable.

On October 26, 2017, the victim was diagnosed with scarke and scarke. At the time, the victim stated that the doctor complained of the scarke and scarke, and that her husband took drinking twice at night on October 24 and December 25, 201, and immediately after the case, the victim stated that her husband took drinking, and that her husband took 13 times phone calls from the Defendant.

Around that time, the victim is an assistant.

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