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(영문) 청주지방법원 충주지원 2019.08.28 2018고정199
상해
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The defendant and the victim B (the age of 21, the age of n, the age of n) are the history of relationship.

On August 20, 2016, around 23:00, the Defendant demanded the victim to hedging the site within 152, namely, sampling of the Sincheon-si, Seocheon-si, Incheon-si, and the “Silho-si bus terminal”. The victim rejected the request.

Accordingly, the Defendant took the part of the victim for about 1 minute, supported the victim’s left arms by the Defendant’s cigarette holder, and called “I do not come back.” The victim again called “I do not want to do so.” The victim again called “I do not want to do so.” On two occasions, I again called “tobacco” three times in total, such as supporting the victim’s left arms by a cigarette holder on two occasions, and thereby, caused the Defendant to inflict an injury, such as having the victim go over two parts of the victim’s arms and leaving a snick.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The police statement concerning B;

1. B written statements;

1. Photographs of damaged parts;

1. Determination on the Defendant’s and his defense counsel’s assertion

1. The defendant and his defense counsel asserted that "the defendant did not have any fact that the defendant made the victim's arms for about one minute. In addition, the defendant supported the victim's arms by a cigarette holder, but the defendant obtained the consent of the victim, so the illegality is dismissed."

2. Determination

A. Whether the Defendant was aware of the victim’s identity or not, the victim consistently states the specific form of the Defendant’s assault and the circumstances at the time, and the circumstances leading to the Defendant’s crime, until this Court and the investigative agency.

In addition, since the victim does not seem to have any circumstance to make a false statement, the victim's statement is recognized as credibility.

Considering the statement made by the victim, it is recognized that the victim's timber as stated in the facts constituting the crime in the judgment of the defendant.

B. 1. Whether the Defendant consented to an earthquake by packing his own arms.

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