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(영문) 서울남부지방법원 2014.05.16 2014고정188
상해
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 10, 2013, the Defendant: (a) around 19:45, the Yeongdeungpo-gu Seoul Metropolitan Government 4 was on the street and dismissed the victim D(57 years of age) from his/her own child on the ground that the victim D (57 years of age) was employed and dismissed on the street in front of 11-46, and had the victim's boomed twice at the victim's blick, boomed the boom and tension that require six-day medical treatment.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of witness E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant argued to the effect that there was an existing inverte disease on the victim, and that there was no causal relationship between the Defendant’s assault and the victim’s injury because it is difficult to occur in the scambling, scambling, and tension only with the hands-on two times with the hands-on. However, according to the evidence mentioned above and the results of the fact-finding on the National Health Insurance Corporation, the victim submitted a written diagnosis of injury stating that “(s) scams and tensions in the (scambal disease), (s) scams and tensions in the (scambal disease), scams and tensions in the (scambal disease), and (s) scams and tensions in the face of the left-hand side, and the victim’s scamboms and tensions on October 17, 201013.”

6. 5. Each “vertebrate Cor and Yacheon” is deemed to have received each medical treatment on the 29th of the same month, and the content of the victim’s treatment with respect to “eromosomes and tensions,” which are the main disease suffered by the victim, is merely once October 17, 2010. Thus, it cannot be readily concluded that the victim had spathnosiss on the ground of this.

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