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(영문) 대전지방법원 2018.01.10 2017고단11
상해
Text

Defendant

A shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On April 27, 2016, in front of the “F restaurant” located in Seo-gu Daejeon, Seo-gu, Daejeon on April 27, 2016, the Defendant raised a complaint against the victim B (Inn, 37 years of age) using a mobile phone in the name of the Defendant and not paying the amount properly, and caused the victim to install a mobile phone.

In order to take the victim's hand and fight his body in order to cut off his cell phone when refusing to do so, the injury was inflicted on the victim such as a head cover open top, which requires approximately three weeks of treatment.

Summary of Evidence

1. The defendant A's partial statement

1. Legal statement of the witness B;

1. Partial statement of witness G;

1. 상해 진단서 ( 피고인 A은 범행을 부인 하나, 위에서 든 증거에 의하여 인정되는 다음과 같은 사정, 즉 피고인 A도 자신이 피해자가 소지하고 있던 휴대폰을 낚아챈 후 피해 자가 휴대폰을 빼앗으려고 하면서 자신을 잡아당기고 하니까 짜증이 나서 멱살을 한 번 잡은 적이 있고, 상황이 종료된 후 피해 자가 마트에 들어왔을 때 피해자의 머리에서 피가 나는 것을 보았다고

The fact that the defendant was stated, and the witness G also did not see that the defendant did not injure the victim.

It was found that the victim's statements and statements go behind.

The statement is made, and this case is the case occurred in the process of cutting off the cell phone owned by the victim, and the victim reported the defendant to the police immediately after the case, and considering the fact that the victim reported the defendant to the police immediately after the case, the victim's medical certificate of injury to the victim, etc., the victim's statement that the victim was injured due to the same circumstance as the stated in the facts charged is credibility

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 of the Criminal Procedure Act of the Provisional Payment Order

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