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(영문) 서울남부지방법원 2018.12.20 2018고정904
상해
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On December 5, 2017, the Defendant: (a) around 17:55 on December 17, 2017, on the ground that at the male toilet in the direction of the entrance to the Paris Park of 1st floor, Yangcheon-gu Seoul, Yangcheon-gu, Dong-dong, 339, the victim B (22 tax) was changed to himself; (b) took a bath, and pushed the victim’s blue with a wall, was pushed down with the wall with the upper blue blue blue with the upper blue hand, and was faced with the flue with the wall.

As a result, the Defendant inflicted an injury on the victim, such as an open wound and an open wound in the area around the snow that requires treatment for about 10 days.

Summary of Evidence

1. Legal statement of the witness B;

1. Investigation report (CCTV investigation) and CCTV photographs;

1. A report on the investigation (Attachment of a medical certificate) and a medical certificate;

1. The body photograph of the victim (the statement of a witness is consistent with the main part of the witness from an investigative agency to this court and is not inconsistent with the rest of evidence;

The Defendant’s statement contrary thereto is not consistent, such as “the Defendant and the victim have flicked on the floor so that he had flicked the flat (the evidence record 45,46 pages) and flated the victim (the evidence record 50 pages), and the Defendant did not flat (48 pages).” The Defendant’s statement is not consistent, such as “The Defendant and the victim had flatd the floor to flat the flat (the application for formal trial, the first trial date).”

In this context, when considering the time and place of the defendant and the victim in the toilet, the victim reported 112 at that place, and the witness's attitude in the court, there is credibility in the witness's statement.

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;

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