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(영문) 전주지방법원 2017.12.08 2017고단1740
모욕등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 3, 2017, the Defendant: (a) around 19:30 on August 3, 2017, the Defendant: (b) on the victim D (the age of 74) after the after-water apartment of the Yansan-gu Seoul Metropolitan City.

“In accordance with the paragraph of this Article, the victim’s chest was tightly damaged by the victim, and the victim was in need of approximately two weeks’ medical treatment, such as salt, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury to D;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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. While the Defendant and his defense counsel asserted the victim and his defense counsel, they met with the victim's arms even, and they go beyond the victim's own arms, and they do not interfere with the victim as stated in the judgment of the Defendant.

2. The written injury diagnosis submitted by the victim of the crime of injury in general after the doctor grasps the cause of the injury based on the victim's statement, and records the part, degree, etc. of the injury that was observed and judged by mobilization of medical professional knowledge, and it is insufficient to directly prove the fact that the injury was caused by the Defendant's criminal act. However, in a case where the date and time of the diagnosis of the injury is close to the time and the time of the issuance of the written injury diagnosis, there are no circumstances to suspect the credibility of the injury, and where the part and degree of the injury as mentioned are consistent with the cause and circumstance of the injury alleged by the victim, there is no other circumstance that the victim suffers from the injury or prepared a false diagnosis report by a third party at around that time.

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