(영문) 부산지방법원 서부지원 2017.12.11 2017고정172

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(영문) 부산지방법원 서부지원 2017.12.11 2017고정172

폭행치상

Text

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

Where the defendant fails to pay the above fine, 30 days shall be applied.

Reasons

Criminal facts

On February 2, 2017, the Defendant, at around 10:00, committed an injury to the victim D (Woo 29 years old) who is an employee of the above union, in order to prevent security guards from entering the above office in order to prevent emergency countermeasures members, including the Defendant, from entering the above office, and caused the victim to face with the stairs that are pushed down with the victim's chest part on his left arms, thereby causing about 3 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A written diagnosis of injury;

1. CCTV video CD at the time of the crime (the defendant and his defense counsel had the fact that the defendant committed a assault against the victim as stated in its reasoning, but such assault resulted in the victim's injury as stated in its reasoning.

I argue that it would not be possible to do so.

However, according to each of the above evidence, the victim was faced with the right side of the body in the stairs, faced with violence from the defendant, moved from the place to the hospital, and was diagnosed with the injury as stated in its reasoning on the day of the issuance. There is no reason to suspect the credibility in the process of issuing the written diagnosis of injury, and the part and degree of the injury stated in the written diagnosis of injury exceed the victim confirmed by CCTV images at the time of the crime, and the degree of the injury is consistent with the degree of the body part and shock.

Therefore, the application of the law to the victim's assault by the defendant can be sufficiently recognized as having suffered an injury as stated in its holding).

1. Article 262 of the Criminal Act applicable to the crime, Articles 262 and 260 (1) of the Criminal Act, the selection of fines for the crime, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the background leading up to the crime by the defendant; (b) the degree of assault inflicted by the defendant on the victim; and (c) the extent and degree of the injury inflicted by

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