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(영문) 창원지방법원 진주지원 2018.09.13 2018고정157
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

At around 14:00 on January 14, 2018, the Defendant, at the house of the victim D (Woo, 75 years of age) located in Hadong-gun C, Hanam-dong-dong-gun, brought an injury to the victim, such as chestbing, which requires approximately two weeks of treatment due to drinking the victim's face and chest.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. The defendant's assertion on the site and the victim's body photograph photographic photo did not injure the victim by drinking, and the defendant's act constitutes a legitimate defense. Thus, according to the evidence of the judgment, such as homicide and witness D's legal statement and injury diagnosis, the defendant can be acknowledged as having inflicted an injury on the victim as stated in the facts of crime, and there is no evidence to acknowledge that the victim committed an act of defense to defend the defendant by assaulting the defendant first, and therefore, the defendant's assertion is rejected.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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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