(영문) 대구지방법원 김천지원 2014.06.25 2014고정93

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 김천지원 2014.06.25 2014고정93

상해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the lessor of the D factory in the old city C, and the victim E (the age of 45) is the lessee of the above factory.

On June 12, 2013, the Defendant: (a) around 15:00 on June 12, 2013, when the victim had been in dispute with the victim at the above D plant due to electric charges, and the victim took a bath for the parent of the defendant; (b) on the ground that the victim took a part in hand, the victim's chest part of the victim's breast part of the vehicle where the victim was parked, and (c) the victim took part in the vehicle where the victim was parked, and (d) the victim took part in the area above the floor for about two weeks, thereby making the victim take up approximately two weeks of medical treatment.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the E statement section);

1. Partial statement of the police interrogation protocol of the accused;

1. Police suspect interrogation protocol regarding E;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The defendant and his defense counsel asserted as to the argument of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act concerning the provisional payment order.

In light of the following circumstances acknowledged by each of the above evidence, i.e., ① the victim made a concrete and consistent statement that he/she was assaulted by the defendant from the police to this court, ② the police of witness F and the statements in this court also correspond to the victim’s statement, ③ the victim issued a medical certificate stating the name of Byung on the following day of the instant case as the “satise base”, ④ the other defendant, victim, and F’s attitude of statement in this court, it is sufficiently recognized that the defendant was injured by the victim as stated in its reasoning, and thus, the above assertion is rejected.

참조조문

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