(영문) 수원지방법원 성남지원 2017.11.29 2017고정1403

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자간(%)

(영문) 수원지방법원 성남지원 2017.11.29 2017고정1403

상해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 22:40 on May 19, 2017, the Defendant found the goods at the house where the victim D, who is the husband, was living in Sungnam-si, Sungnam-si, Dadong 108 and 109, left the house where the victim D, the husband, but on the ground of the change of the current key, the Defendant left the door of the victim who was returning home and turned it back to the lower for about 14 days on the ground that there was a lack of water leakage, and caused the collapse and tension of other parts, which require treatment for about 14 days by cutting down the part of the victim who was returning home.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A complaint (including a written diagnosis of injury);

1. An investigation report (on-site chief and ct v extract) [the defendant and his defense counsel claim that the defendant had no fact in excess of the victim's reputation, and that the victim's injury was caused by self-injury or any other cause. However, according to the evidence duly adopted and investigated by this court, the victim, as the husband of the defendant in a divorce lawsuit, has made detailed and detailed statements about the details and contents of the assault committed from the first investigative agency to this court, and is consistent with the statement, and the explanation of the situation is reasonable in light of the empirical rule, the victim's injury diagnosis report and its photograph submitted by the victim, which were diagnosed by the victim after facing the victim, are consistent with this. immediately after the case, the victim of the apartment of this case returned to the elevator, and according to the cctv printing-out photograph, he can sufficiently recognize the victim's act of injury to the defendant's judgment in light of the following circumstances.

Therefore, the above argument shall not be accepted] Application of the law

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 of the Criminal Procedure Act of the Provisional Payment Order

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제257조 제1항

유사 판례

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