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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On May 14, 2016, the Defendant: (a) 00:10 on May 14, 2016, the victim C, who is a substitute driver, was on board his own vehicle and was in the vicinity of the triarcha in the assets of Kimcheon-si, and, without any reason, was injured by the victim, the Defendant, without any reason, by breading the back of the head of the victim, who was in a knick with his hand, caused the victim’s injury, such as the impairment of the head and other parts requiring approximately two weeks of treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. Police investigation report (Attachment of a medical certificate of injury) (the defendant and his/her defense counsel did not contain any fact when the defendant had a victim as stated in the facts charged, and even if not, the wife suffered by the victim is naturally able to recover and does not constitute injury under the Criminal Act;
The argument is asserted.
In full view of each evidence in the judgment, including the statements in the investigation agency of C with credibility and this court, the defendant's back of the victim's head is recognized as 2 times as stated in the facts charged.
In addition, the victim is deemed to have been harsh in the victim's head due to the crime of this case in this court.
As the victim made a statement, annoyed person cannot be deemed to have suffered an injury or suffered from a disease because the body of the person itself has its own restoration power.
Even if there are many cases, it is recovered after a certain period of time has passed without any particular treatment, and thus, it is not likely that the completeness of body was damaged or the physiological function was not impeded solely on the ground that natural healing is possible.
shall not be deemed to exist.
Therefore, the above assertion by the defendant and his defense counsel 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. The Criminal Procedure Act of the Provisional Payment Order.