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(영문) 수원지방법원 2018.04.12 2017고정3060
상해
Text

Defendant

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

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A, on April 9, 2017, around 04:35, at K in Suwon-si, dealt with the issue of sexual intercourse between the victim B (n, 28 years of age) who became aware of in a club and the victim B (n, 28 years of age) and the victim's body. On one occasion, the victim's body was pushed off one time, and the victim's body was pushed off for about two weeks, thereby requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. A medical certificate of injury (46 pages of evidence records);

1. Application of the B-related photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment against the crime: Article 257 (1) of the Criminal Act (Selection of Penalty);

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A with a provisional payment order: The part not guilty under Article 334(1) of the Criminal Procedure Act (Defendant B);

1. The Defendant, like the date and time indicated in the facts charged, and at the place where the facts charged are recorded, argued with the victim A (the remaining and the age of 28) and brought about the victim’s scam at hand, and caused the victim’s body to be scambling, etc., which requires treatment for about 10 days by considering the victim’s body part once.

2. We examine whether the judgment A suffered an injury in the crime of injury, that is, whether the completeness of the body has been damaged or the physiological function has been hindered.

According to the medical certificate of injury (154 pages of the evidence record), A, on April 10, 2014, after the date of the occurrence of the instant case, was diagnosed on the left-hand side of the upper-hand pleke, which requires medical treatment between 10 days and 10 days, and the medical certificate states that the cause of the injury (the patient’s statement) and the degree of injury are “brupted”.

In doing so, upon the report of the defendant and the police officer A on the date of the occurrence of the instant case, the scene and the suspect's photograph (the 13th page of the evidence record) taken in response to the voluntary accompanying of the police officer dispatched immediately after receiving the report of the defendant and the police officer A, there are several red countries on the left side of the A, while there are special tracess on the left side side side part.

It is difficult to see (a few points).

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