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(영문) 대전지방법원 2013.05.24 2013고정139
상해
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 19, 2012, the Defendant: (a) around 15:35 on November 19, 2012, at the parking lot of the second floor of the Daejeon Jung-gu Daejeon, the victim D (Influence, 44 years of age) and parking problems; (b) took a bath for “this year,” assaulted the victim’s face one time with a elbbbow; and (c) inflicted an injury on the victim, such as the damage of satch that requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The statements of the witness D’s legal statement from the investigative agency to this court are consistent, specific, and there is no particular contradiction.

In addition to these statements, there is credibility.

On the other hand, witness E makes a statement to the effect that the defendant assaulted the victim before leaving the victim's vehicle, and it differs from the victim's statement at that time, but the defendant also made a statement to the same effect as the victim. The third party's memory seems to have been wrong.

Witness

E made a statement that the Defendant was unable to assault the victim due to elbow, but the part of the statement that the Defendant: (a) made a blue blue with the victim’s blue and physically abused the victim to the extent that he would bring the victim into the outside through the window is consistent with the victim’s statement; and (b) in light of the fact that E was an opposite part of the victim’s vehicle, it is reasonable to deem that the statement is not contrary to the victim’s statement.

1. Application of statutes on investigation reports;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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