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(영문) 의정부지방법원 고양지원 2017.11.16 2017고정824
상해
Text

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

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

Reasons

Punishment of the crime

On October 20, 2016, around 10:30 on October 20, 2016, the Defendant asked the victim's fingers rapidly to ask the victim's fingers from the victim E (51 tax) as soon as possible when the Defendant was assaulted from the house of the D located outside of the Seo-gu, Seo-gu, Busan, Seo-gu, Seoyang-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. A medical certificate of injury (one-time 7);

1. The photograph submitted by the victim E [the defendant is only waiting for the victim's fingers as soon as possible, and did not ask him/her to do so;

The argument is asserted.

However, the victim E has consistently made a statement consistent with the facts charged in the police and this court, and the victim's statement is supported by the video and the injury diagnosis report at the time.

B. The Defendant himself, at the police station, was strokeed by the victim's fingers.

The facts charged can be fully acknowledged according to the statements made by the victim with credibility (57 pages of the investigation records).

In light of the circumstances revealed by the evidence mentioned above, the situation at the time, contents and method of the defendant's act, etc., it cannot be deemed that the defendant's act constitutes a case where there is considerable reason to defending the present unfair infringement.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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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