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(영문) 청주지방법원 2011.10.20 2011고정654
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

At around 00:30 on November 25, 2010, the Defendant 104 had spit the victim I's face, spite, spite, spite, and spite the head debt in the victim I's face, and spite the head debt, and spite the victim I's eye with approximately two weeks of snow, eggs, eggs, and tissues that require approximately two weeks of treatment to the victim I.

Summary of Evidence

1. Each legal statement of a witness I, J and K;

1. Each police suspect interrogation protocol against I, J, or K;

1. A medical certificate of injury;

1. Application of the Acts and subordinate statutes governing bodily injuries;

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. The defendant asserts that the defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act is not guilty on the ground that he did not inflict any injury on the victim in the course of committing the crime.

The written diagnosis of injury to be submitted by the victim of the crime of injury is not sufficient as evidence to directly prove the fact that the injury as stated in the written diagnosis is caused by the criminal act of the defendant, since the doctor has grasped the cause of the injury based on the victim's statement, and stated the part and degree of the injury observed and judged by mobilization of medical professional knowledge. However, if the date and time of the diagnosis of the injury are adjacent to the time and the time of the occurrence of the injury, there are no circumstances to doubt the credibility of the written diagnosis of injury, and if there is no special circumstance to suspect the occurrence of the injury and degree of the injury are consistent with the cause and circumstance of the injury alleged by the victim, the injury diagnosis report is different from the victim's statement, unless there is any special circumstance such as the victim's act of violence from a third party or the fact that the doctor has prepared a false diagnosis report.

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