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(영문) 의정부지방법원 고양지원 2016.04.01 2015고정1364
상해
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 26, 2015, at around 17:50, the Defendant used the victim E (33 years) who was unable to give appraisal due to usual parking problems on the front side of the D in Pakistan, and used the victim's face to spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit in the victim's face while spit spit spit spit spit spits.

Summary of Evidence

1. Legal statement of witness E;

1. Investigation report (pathos F interview and investigation);

1. Ethical photographs and field photographs of damaged parts;

1. The application of statutes to the results of reproduction and viewing of video CDs;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On June 26, 2015, at around 17:50, the Defendant: (a) brought a dispute with the victim E (33 years) who is not adequate to be appraised due to a usual parking problem on the front side of the D located in Pakistan on June 26, 2015; (b) while the victim spits the Defendant’s face and spits the victim’s chest into the victim’s face and spits the victim’s chest into the victim’s face; and (c) caused the victim to a brine and spit the victim’s chest, which requires treatment for about 20 days.

2. The evidence proving that the damaged person suffered an injury due to the defendant's act is the victim's legal statement, the victim's side photograph (13 pages of evidence), the injured medical certificate (64 pages of evidence), etc.

그런 데, 사건 당시 피해자의 가슴 부위를 촬영한 사진( 증거기록 제 13 쪽) 을 보면, 피고인이 사건 당시 소지한 싸인 펜에 긁혀서 입은 상처로 보기 어렵고, 끝이 뾰족 한 물건에 긁힌 상처라고 보인다.

In addition, if the body of the victim seems to be serious, it would be consistent with the rule of experience that a significant tear or damage the clothes of the victim at the time would have been suffered, and there is no particular damage to the clothes of the victim taken on the photograph.

Therefore, it is believed that the victim's statement that the defendant suffered bodily injury due to the pentle of the defendant.

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