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(영문) 전주지방법원 2017.12.15 2017고정565
상해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in agriculture, who is in the same manner as the victim C (n, 56 years of age) and is aware of it as a village resident.

On May 6, 2017, the Defendant, at around 21:00, engaged in the injury of the victim’s left hand hand over two or more left hands, which are the two-day left hand and stop of the victim’s left hand, in a lusheet E house located in the victim’s dry field. The Defendant, at around 21:00, she took a bath that 1.20,000 won of the human being employed in the victim’s dry field is not a person suffering from damage.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Complaint;

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

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The victim alleged the defendant and his defense counsel merely suffered bodily injury by examining his hand while making a mixed conversation with the defendant, and there is no fact that the defendant inflicted bodily injury on the victim.

2. The written injury diagnosis submitted by the victim of the crime of bodily injury generally grasps the cause of the injury based on the victim's statement, and records the part and degree of the injury as observed and judged by mobilization of medical professional knowledge, and it is insufficient to be a direct proof of the fact that the injury as stated above was caused by the criminal act of the defendant. However, the date and time of the diagnosis of the injury is close to the time and time of the occurrence of the injury, and there is no circumstance to suspect the credibility in the process of the issuance of the written injury diagnosis, and the part and degree of the injury alleged by the victim.

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