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(영문) 수원지방법원 평택지원 2013.04.05 2012고정656
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

피고인은 2012. 5. 22. 16:00경 평택시 C 내에서, 피해자 D(67세)이 주문하여 설치한 샷시 설치문제로 말다툼을 하던 중 피해자의 어깨와 가슴 부위를 밀어 벽에 부딪히게 하여 피해자에게 약 2주간의 치료를 필요로 하는 흉벽부 및 양어깨의 좌상 등의 상해를 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses D in the third protocol of the trial;

1. Statements made by witnesses E in the fourth trial records;

1. Statement made by a witness F in the sixth trial records;

1. Application of Acts and subordinate statutes to copies of the injury diagnosis report;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 provides that the defendant and his defense counsel for the conviction of the defendant under Article 334(1) of the Provisional Payment Order: although the defendant alleged that he had not caused the victim's chests, etc. against the wall, the following facts and circumstances acknowledged by each evidence and the records in the judgment, namely, the witness F and E at the time except the defendant are the victim's chests. In particular, according to the witness G's testimony that although the victim is the tenant of the victim's building but there is no objective reason to make a statement to the defendant unfavorable to the defendant, E may be acknowledged that the defendant stated that "I will not see whether the defendant's "I will see whether I will see it........... It is no other thing to say that E would face the situation or participate in another person's criminal case, so the above facts alone cannot be readily concluded that E's testimony is credibility.

At the time of the crime of this case, the police called up by the victim's report, and the part of the injury in the letter of injury diagnosis drawn up following the crime of this case is E and F.

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