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(영문) 대전지방법원 2020.08.20 2020고정127
상해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

To the extent that the defendant does not substantially disadvantage the defendant's exercise of his/her right of defense, part of the indictment on the grounds of dispute between the defendant and the victim was amended.

On March 2, 2019, at around 18:30, the Defendant brought a dispute with the victim D (50 years of age) who driven a taxi while driving the taxi on the front of the C Elementary School located in Daejeon Jung-gu, Daejeon. On the ground that the victim stopped the truck after the above taxi stopped, and the Defendant was unable to start the above taxi by opening three to four times the rear door of the taxi driven by the Defendant, and subsequently, he saw the victim's body one time, tights the victim's face one time, and two or three times of drinking by hand. The Defendant saw the victim's face on his hand with the hand, kids, walked the part of the static part on several occasions, walked the direction of the victim away from the floor, and broken down the victim's inside the floor.

On the other hand, the Defendant continued to put about about 30 cm in the above taxi, while putting the enormous amount of 30 cm, and brought about the victim's face and hair, resulting in an injury to the victim, such as scopical salt, for about two weeks in need of treatment.

Summary of Evidence

1. The defendant's partial statement in court D and E's each legal statement;

1. The police suspect interrogation protocol of the defendant as to D containing some statements among the police suspect interrogation protocol of the defendant;

1. A written diagnosis of injury to E (No. 8) in the police statement;

1. Damage photographs;

1. Application of the Act and subordinate statutes to the investigation report (No. 11), investigation report (suspectD investigation), investigation report (suspect A investigation report) and investigation report (suspect A investigation);

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

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

1. The summary of the argument is that the defendant's body tights the victim's face at one time and 2-3 times with the victim's hand floor, but the victim's face was not set at approximately 30 cm by using the enormous machine.

2. The judgment is legitimate.

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