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(영문) 서울동부지방법원 2014.04.08 2013고정2917
상해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

At around 14:30 on October 11, 2013, the Defendant raised a civil petition to the Gangdong-gu Office on the purport that he will cut roadside trees in the vicinity of the Ka Center operated by Gangdong-gu Seoul, and the attitude of the victim D (Nam, 49) who is the green belt and employee of Gangdong-gu who visited the Ka Center to confirm the site was not in mind.

The defendant got her head from the victim's body, and caused 2 to 3 tightly the victim's body body.

The defendant continued to carry the victim's breath with his hand and pushed the victim's breath, thereby getting the victim to go over the floor.

As a result, in full view of the evidence submitted by the prosecutor, such as pressure and diagnosis for 14 days to the victim, the defendant's act of attacking the victim D as stated in the facts constituting the crime. Considering the contents of the defendant's harmful act and the name of injury D as stated in the death diagnosis report, the causal relationship between the defendant's act and the result of the injury of this case shall be sufficiently recognized, and as alleged in D, even if there are some other circumstances, such as the defendant's employee is responsible for damaging the defendant's employee beyond himself/herself, the causal relationship shall not be deemed to be mitigated.

The injury was caused by the injury.

Summary of Evidence

1. Each legal statement of the witness D, E, and F;

1. Written statements of D, police statements of D;

1. Application of Acts and subordinate statutes, such as a written diagnosis of injury and CCTV screen data (the form of a mutually breath);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant inflicted an injury on the victim at the end of physical fighting between the victim and the victim, even though it is obvious that the defendant had committed an offense, only the victim's mistake is denied.

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