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(영문) 청주지방법원 제천지원 2020.02.13 2019고정59
상해
Text

A defendant shall be punished by a fine of 500,000 won.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 5, 2019, at around 12:14, the Defendant: (a) 12:14, the victim D(the age of 58) spits off the Defendant’s face in front of the elevator B apartment Cdong elevator, spits the Defendant’s head, and spits the Defendant’s head, spits the victim’s head, and spits the victim’s head, and spits the victim’s head, and spits the victim’s head, and sat back the victim’s chest due to drinking, and sat back the victim’s chests that go beyond the floor, which require approximately 28 days of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each police statement made to D and E;

1. Certificates of medical treatment;

1. A written diagnosis of injury;

1. A survey report (CCTV verification);

1. Investigation report (Attachment of dynamic image analysis photograph);

1. Investigation report (Attachment of moving images);

1. Application of the video CD-related Acts and subordinate statutes

1. Article 257 (1) of the Criminal Act applicable to the facts of a crime and Article 257 (1) of the choice of punishment (the amount of fine under summary order shall be mitigated in consideration of the circumstances such as the selection of fines, the fact that the victim's spits the face of the defendant seems to be the origin

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant and his defense counsel asserted that the defendant spits or spits the defendant and only spits the victim's head debt against the victim.

The defendant did not look at the victim's chest due to drinking, and did not take the victim's chest over the floor.

The defendant's act constitutes legitimate self-defense.

2. In determining the credibility of a victim’s statement in support of facts charged, the court of relevant legal principles is not only in compliance with the reasonableness, logic, appearance, or rule of experience of the content of the statement itself, but also in compliance with evidence or third party’s statement, etc., but also in the form of a witness who has taken an oath before and after being sworn by a judge.

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