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(영문) 수원지방법원 2018.10.05 2017고정2569
상해
Text

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

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

Reasons

Punishment of the crime

On May 28, 2017, the Defendant, at around 02:30, had danced in Suwon-si C, 'D' to F (29 years of age) which is the first day of the injured party E (29 years of age). When the injured party prevented the victim, the Defendant, who was under the control of the victim E (29 years of age), inflicted injury on the victim, such as inside the body of the injured party for about 4 weeks of medical treatment, and marrh, which was in need of approximately 4 weeks of medical treatment.

Summary of Evidence

1. Each legal statement of witness F and E;

1. The written diagnosis of injury to E (the defendant shall deny the facts charged that there is no fact that the victim E is in contact with;

However, victims E had a drinking face in investigative agencies and courts.

“The statements have been consistently made, and there is no clear and particular contradictions in the statements, and there is credibility in light of the attitude of the statements in the court.

At the time of being adjacent thereto

F also, consistent in investigative agencies and courts, ‘F' brought a large amount of knife with knife with knife, and E tried to block knife in the middle.

Then, the face side of E was far beyond the face of E by his own food.

A statement was made to the effect that the snow part of the opposite E was bad, and that the statement was specific and clear, and there is no particular contradiction, and credibility in light of the attitude of the statement in the court.

Defendant E and F made a statement with respect to the Defendant and the Defendant’s day-to-day G

However, in light of the intent of the offender’s appearance, the contents of G’s legal statement, etc., the G cannot be seen as having been known to the Defendant, as alleged by the Defendant.

Therefore, the defendant's assertion cannot be accepted.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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