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(영문) 대전지방법원 2017.03.31 2016고정1410
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in daily work, and the victim C ( South, 50 years old) is a head of the removal site, and the defendant is employed as a daily worker on the day of the case.

On July 17, 2016, the Defendant rejected the Defendant’s order to remove the housing located in Daejeon-gu Daejeon-gu, Daejeon-gu, to remove the rooftop from the victim of the work team leader, on the ground that weather conditions are heatedly heated.

The Defendant: (a) heard the horses “on back to the house” from the victim; (b) caused the victim’s face four times by drinking, and (c) sustained the victim’s injury, such as the right-hand bad straw, which requires treatment for about 14 days.

Summary of Evidence

1. Legal statement of witness E;

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

1. Relevant legal provisions concerning criminal facts and Article 257 (1) of the Criminal Act that choose a penalty;

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

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

1. Judgment on the assertion that no injury was inflicted

A. The Defendant alleged that he/she had not taken the victim’s face as stated in the instant facts charged.

B. According to the evidence duly adopted and examined by the court, the following facts are acknowledged: ① The victim consistently made a statement to the effect that he/she had his/her face taken by drinking from the investigative agency to this court; ② the victim was released from the Fundong-gu located in Daejeon on July 18, 2016, following the occurrence of the instant case, and was provided with physical treatment and drugs; and the doctor who provided medical treatment at the time of the occurrence of the instant case was issued to the victim through a radiation examination, etc., with the victim “the victim was injured by the victim, such as the right humconcing in the face requiring medical treatment for about about 14 days, humconc, and humconcing pressure and physical exercise (Evidence No. 9 of evidence record).” The victim’s injury was alleged by the victim.

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