(영문) 서울동부지방법원 2015.09.23 2015고정973

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(영문) 서울동부지방법원 2015.09.23 2015고정973

상해

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 25, 2014, the Defendant, around 15:45, around the house entrance of the victim D(53 years of age) located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant: (a) opened the above entrance to the victim “I am informed of the claim from the victim on the ground that the Defendant entered and delivered the matter delivered to another house,” and (b) opened the said entrance to the victim “I am out, I am out,” and caused the victim to shock, and let him go beyond the stairs under the above gate.

As a result, the Defendant inflicted injury on the victim on the salt ties and tensions that need to be treated for about three weeks.

Summary of Evidence

1. Legal statement of witness D;

1. Statement D in the suspect examination protocol of the accused by the prosecution;

1. Statement made to D by the police;

1. D's written statement;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes (Nos. 3, 16 of the evidence list);

1. Article 257(1) of the Criminal Act applicable to criminal facts and Article 257(1) of the choice of punishment [the defendant and his defense counsel] of the Criminal Act refers to the following changes: (a) the defendant has no fact at the time stated in the facts charged, and the defendant's wife E merely delivers the victim's house address to the victim's house address due to conflict with the ordinary victim; (b) the victim has made a concrete and consistent statement to the effect that the defendant had the victim go beyond his house by opening the door door with the victim's awareness of being on the flight (Evidence No. 55, 62, 112 of the evidence record) and the location of the defendant and the victim who appears to have been marked by the police officer or the victim on the basis of the victim's statement (Evidence No. 41 of the evidence record).

Furthermore, the victim received treatment from the hospital following the day when the case was in question, and then received a diagnosis from the hospital.

참조조문

-형법 제257조 제1항

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