(영문) 부산지방법원 2015.05.14 2014고단8347

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(영문) 부산지방법원 2015.05.14 2014고단8347

상해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 11, 2014, the Defendant appeared at the Busan District Court located in the Busan District Court located in the So-gu Busan District Court on the day of pleading for the civil trial related to the case where the Defendant assaulted the Victim C (the age of 49). On September 4, 2014, the Defendant got a defect in talking the victim before the Busan District Court (the above court 2014Gaso79303). However, as the Defendant was refused, the Defendant inflicted an injury on the victim by putting about two weeks of the injury of the Alley-gu illness that requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A written opinion and a certificate of payment of medical expenses;

1. The defense counsel asserts that not only the act that does not violate social rules but also the act that does not violate the defendant's act and the injury of the victim's pelhere to talk with the victim. The defense counsel asserted that the defendant's act did not constitute a causal relationship between the defendant's act and the injury of the victim's pelhere.

In full view of the following circumstances acknowledged by each evidence of the judgment, namely, the victim was given a injection at the hospital on September 5, 2014, the day following the date of the instant crime, and was diagnosed by the doctor in charge as "accompony with an identification of the disease, a loss" after being treated on September 11, 2014, and the fact that the defendant was aware of his/her hand, depending on the victim who refused the conversation, the defendant also recognized the fact that he/she was aware of his/her hand, it is judged that the defendant was credibility in the statement made by the victim that the defendant was aware of his/her hand.

Therefore, the victim's injury is judged to be due to the defendant's act, and the defendant's act of inflicting an injury on his hand according to the victim's refusal of conversation cannot be deemed to be an act that does not violate the social norms.

The defendant's appeal against the defendant cannot be accepted.

Application of Statutes

1. The corresponding provisions of the Criminal Act concerning criminal facts; and

참조조문

-형법

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