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(영문) 대구지방법원 2014.06.11 2014고정619
상해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

At around 22:20 on February 27, 2013, the Defendant, at the Diplomatic Association located in Daegu-gun C, and on the ground that the Plaintiff’s father E and the Victim F (the age of 57) were boomed, the Defendant suffered bodily injury, such as spawn, etc., requiring approximately two weeks of medical treatment, by breaking booms of the victim’s head, on two hand.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Part concerning the statement in F or G of the suspect interrogation protocol against the defendant

1. The part concerning the statement of F in the police interrogation protocol (second, second, and replacement) of the defendant

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes to the medical certificate of injury (F), photograph, prescription, investigation report (Attachment to surplus records, etc.), recording paper;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s summary of the assertion was not at all flabing the F’s boom.

2. In a case where the statement of a witness, including the victim, is mutually consistent and consistent with the facts charged, the court below should not reject the statement without any separate evidence to deem the credibility objectively objectively, unless there is any other reliable evidence (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2004Do362, Apr. 15, 2005). In addition, the victim’s medical examination submitted by the victim of the crime of injury is that the doctor generally identified the cause of the injury based on the victim’s statement and stated the part and degree of the injury observed and judged by mobilization of medical expertise, and it is insufficient to directly prove the fact that the injury as stated therein was caused by the Defendant’s criminal act. However, the date and time of the diagnosis of the injury and the date of the preparation of the written medical examination of the injury are the time and time of the injury.

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