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Reasons
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(영문) 서울중앙지방법원 2016.12.06 2016고정31
상해
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Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. On July 12, 2015, around 12:10 on July 12, 2015, Defendant J (the age of 61, South) unilaterally sent a writ of summons to 30 believerss, including himself/herself, within the first floor of H-1 in Gangnam-gu Seoul, by the victim J (the age of 61, South) of the first floor of H-1 in the 1st century, and the victim’s back head of the victim who gets out of the school, completed the bridge with his/her own, and brought about two sides, such as an injury on the part of the victim’s face, requiring approximately 10 days of treatment, and sustained injury, such as an internal part, in which the victim’s fluencing treatment is needed for approximately 2 weeks.

2. The victim A (the 68 years of age, the son) committed assault against the victim’s brue tree at the above date, time, and place above Defendant B, and by hand, the victim suffered injury, i.e., the victim’s ear once, resulting in the victim’s injury, such as the brue depression, requiring approximately three weeks of treatment.

Summary of Evidence

"Defendant A"

1. Partial statement of the defendant;

1. Each legal statement of the witness J, B, K and L;

1. On-site photographs;

1. Each injury diagnosis certificate (number 7,12 in the order of evidence);

1. The statement of the witness is consistent with the fact that the defendant was the victim at a stand, and the victim J is the victim's injury. The sound fested by the victim's J around 35 seconds of the video CD. Even according to the USB image submitted by the defendant, it is possible to confirm several pages of the defendant, and among them, the victim J was at the first price in USB page (USB image 01:25 parts, cell phone shooting 35 seconds) where the defendant displayed the door for the first time. Accordingly, it is reasonable to deem that the defendant was at the price of the victim J was at the price in USB page (USB image 01:25 parts, cell phone shooting 35 seconds). The witness K clearly stated this.

1. Partial statement of the defendant;

1. A’s legal statement;

1. A written diagnosis of injury (Evidence No. 2);

1. On-site photographs;

1. The act of the accused of video CD constitutes an active act of attack rather than a passive act of defense, and the degree of violence used.

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