(영문) 의정부지방법원 2018.10.24 2017고정2455

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2018.10.24 2017고정2455

상해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On May 9, 2017, at around 17:15, the Defendant asked the victim C (53 tax)'s openings of the Defendant and the Defendant's buckbucks in front of the Namyang-si, Namyang-si, and asked the victim of the Defendant's buckbucks, which caused the Defendant's assault on the part of the victim, such as "the victim scam bucks and bucks the part of the Defendant's bucks 2 to 3 times due to the Defendant's buck on the ground that she caused the Defendant's buck and bucks, etc., which caused the Defendant's injury, such as the damage of the Defendant's bucks and bucks that require four-day medical treatment.

Summary of Evidence

1. Some statements made to the defendant or C in the police interrogation protocol (one time, the confrontation of the defendant or C);

1. A protocol concerning the interrogation of suspect C by the police;

1. A medical certificate;

1. The victim C's body and the photo taken on the day of the case [C] deceased on April 7, 2018. According to the following circumstances, it is recognized that C's statement was made under particularly reliable circumstances, and thus, evidence is admissible under Article 314 of the Criminal Procedure Act and the credibility of the statement is also acknowledged.

① On May 1, 2017, after completing interrogation of the victim, the cross-examination was conducted between the defendant and the victim on May 22, 2017.

At this time, the defendant and the victim stated the other party's statement and also provided an opportunity for rebuttals.

The statements made by the victim that the defendant was shaking his balbbage had been maintained consistently in the course of the mass examination with the defendant.

② On May 22, 2017, the police taken photographs of the victim’s her m, her butane at the time of the questioning of the Defendant and the victim’s her.

③ At the time of committing the crime, the victim asserts that the victim was flabed and flabed from the Defendant, and received the diagnosis of the preparation of clothes, photographs and doctor D, and supports the part and degree of injury of the victim’s judgment.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime and Article 257 (1) of the Criminal Act of the choice of punishment.

참조조문

-형법 제257조 제1항

유사 판례

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