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(영문) 서울남부지방법원 2017.06.14 2016고단2766
상해
Text

Defendant

A shall be punished by a fine of KRW 2,500,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A, around 22:40 on April 23, 2016, around 22:2:40, the victim B (66) residing in the same loan in front of the Yangcheon-gu Seoul Metropolitan Government F, and at the time, the Defendant was satisfyed with other residents, and the injured party resisted with other residents without the convenience of the Defendant, and the injured party resisted the victim, who was able to resisted by the victim, and caused the injury to the victim on the part of several occasions, such as tearing the clothes of the victim, tearing the victim, drinking, and drinking, making it necessary for the victim to receive treatment for about 10 days.

Summary of Evidence

1. Statement made by the witness B in the second public trial protocol;

1. Application of Acts and subordinate statutes of a medical certificate of injury to B prepared G;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection fine of punishment (including the fact that the degree of injury is not severe, and the fact that there was no criminal record for about 15 years prior to the crime of this case after being sentenced to a fine in 2001, etc.);

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

1. As seen in the part of innocence in the judgment on the legitimate defense of the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, it cannot be deemed that there was an unjust infringement on the legal interests of the defendant A, and thus, the defense of the defense counsel’s legitimate defense cannot be accepted.

The acquittal portion

1. Around April 23, 2016, Defendant B, as indicated in the facts charged in the judgment of the Victim A (60) around Yangcheon-gu Seoul Metropolitan Government on April 23, 2016, inflicted an injury on the part of Defendant B, by plpling and plucking the victim’s hand over several times, and plucking the victim’s hand over about 21 days, resulting in an injury on the left-hand hand hand, which requires treatment for about 21 days.

2. According to the medical certificate of injury to A prepared by the doctor H’s decision-making doctor, it can be recognized that A suffered an injury as described in the facts charged.

Furthermore, we examine whether A suffered an injury due to Defendant B’s act.

There are statements made by the witness A in the court and the investigative agency, but this court is also the evidence.

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