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(영문) 의정부지방법원 고양지원 2015.01.08 2014고정1019
상해
Text

A fine of 500,000 won shall be imposed on a defendant. If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On May 14, 2014, the Defendant, at around 16:00 on May 16, 2014, the vehicle of the victim D (the age of 42) was parked across the parking zone line in the front of the Gyeonggi Building, thereby causing an injury to the victim, such as salt, tension, etc., which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to a criminal investigation report (medical certificate and attachment of medical records);

1. Article 257 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. The defendant and his/her defense counsel's assertion on the claim of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that although the victim's price was at the victim's price, the victim did not suffer any injury as stated in the facts charged.

However, according to the evidence duly adopted and investigated by this court, the fact that the defendant prices the victim's threshold by hand, the victim was suffering by considerable ice, etc. at the time, and the victim was faced with the victim's side of the bodily injury. The hospital was diagnosed as 2 weeks per week by the sphere, sphere and tension, and took one week by the hospital, and suffered inconvenience by the next day, and the victim was found to have suffered from an operation on the sphere part of the previous sphere. Meanwhile, the victim was found to have been aware of the fact that he had undergone an operation.

As shown in the above facts of recognition, even if the victim had a spathn certificate on the part of the injury, the victim's health status was infringed due to the price of the defendant, and as long as the victim actually received medical treatment, it is reasonable to view that this can be assessed as "injury" under Article 257 (1) of the Criminal Act.

Therefore, the defendant and his defense counsel's assertion.

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