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(영문) 전주지방법원 군산지원 2014.07.16 2013고정800
상해
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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

At around 16:20 on September 29, 2013, the Defendant: (a) discovered the victim F, who was in the vicinity of the DD hospital located in Yasan-si, and used E and moved to another place by assaulting E and breaking it on the floor; and (b) attached his body on the ground that the victim F was able to detect it, “I fright to fright to the hospital and not going to the hospital”; and (c) caused the victim’s face one time on one-time basis, and caused the victim to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The police statement concerning G;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 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. Article 186(1) of the Criminal Procedure Act, which bears the burden of litigation costs, asserts that the defendant only assaulted the victim and did not inflict any injury. According to the evidence of the judgment, including the consistent statement of the victim F, the defendant can be acknowledged as having inflicted an injury on the victim in the process of physical fighting with the victim in excess of the victim's body.

In full view of the following factors: (a) the Defendant partially denies a crime; (b) the Defendant suffered a serious injury from a victim during a bilateral assault; (c) the victim expressed his/her intent not to punish the Defendant in this Court; and (d) the Defendant’s age, character and conduct, environment; (b) motive and circumstance of the crime; and (c) the circumstances after the crime, etc., the punishment shall be determined as ordered by the Criminal Procedure Act.

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