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(영문) 수원지방법원 2019.09.20 2018고정1804
상해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around 1:00 on May 31, 2018, the Defendant inflicted injury on the victim E (E, female, 29 years old) who is the front wife of the Defendant (Divorce on January 5, 2018) in the C Postnatal Care Center D, in Osan City, on May 31, 2018, by finding out that the Defendant was born by the female living together with the Defendant, and caused the victim to go beyond the victim's chest with the victim's chest, thereby causing about three weeks of medical treatment.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each police interrogation protocol against the accused;

1. In light of the fact that the police statement of Eul (the summons of the witness sent to E through the correction of address, etc. was not served as a closed door, and that the person known to E was unable to be discovered at the above address of the fourth multi-household house, although the court requested the detection of the location of E’s domicile, it constitutes “where a person is unable to make a statement on the court date due to unknown whereabouts or any other similar cause” under the main sentence of Article 314 of the Criminal Procedure Act. In addition, in addition, in light of the fact that E not only made a concrete statement about the crime committed by the defendant several times at the police, but also the defendant was given an opportunity to specifically confirm and reflect the contents of E through the cross-examination of the defendant and E, there is little room for false entry into the contents of each of the above statements or protocol, and there is no specific and external circumstance to guarantee the credibility or ariness of the contents of the statement. Thus, there is no room for proof of the "specific situation" under Article 314 of the Criminal Procedure Act.

1. A medical certificate of injury, or photograph;

1. Application of the Acts and subordinate statutes on investigation report (CCTV and witness investigation);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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