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(영문) 수원지방법원 2016.02.18 2015고정2099
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 July 5, 2014, the Defendant was married with D, a child of the victim C, but did not report the marriage legally, and the victim C was not able to engage in conflict with D because the said marriage was a fraud marriage.

On March 3, 2015, the Defendant, at around 14:15, made the legal statement of the witness C in building 555 at the source of Suwon-si, Suwon-si, the Defendant: (a) on the second floor of “new name” 2nd floor, the victim C claimed D’s fraudulent marriage, a child; (b) carried the victim C’s breath in dub, and carried the victim C’s dub, and carried the victim’s dub, and carried the victim’s b1-day medical treatment on a stairs rail, thereby causing injury, such as dump, tension, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the interrogation of suspect C by the police;

1. C’s statement (Evidence Nos. 3);

1. On-site and damaged photographs, on-site photographs, and on-site photographs of accidents;

1. A written diagnosis of injury;

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 2);

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant only knife C’s knife C with a view to not being subject to assault any more than the victim C at the time, and there was no fact that C had flife C with dubage or C with stairs; ② at the time, C had not been cut down under stairs; ③ even if the Defendant exercised the same tangible power as indicated in the facts charged, the Defendant exercised the same force as indicated in the charges

Even if this is a legitimate defense, it is not illegal.

2. In light of the judgment, the victim C’s statements are relatively consistent and specific, and the police officers’ “the victim’s KON has been placed adjacent to the victim’s visit site” conform to the investigation report on the field situation and other evidence, such as the victim’s pictures showing red birth on the front part, and the victim C’s statement was issued on the day of the crime.

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