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(영문) 전주지방법원 2017.09.08 2017고정387
상해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On January 11, 2017, the Defendant, around 10:50, sustained the victim E (69 years of age), the president of the company conducting dredging of the said reservoir, and the problem that the construction vehicle operates using the existing village, which is not bypass, using the road, in front of the D reservoir located in the North west-gun, North Korea. On January 11, 201, the Defendant inflicted an injury on the victim, such as an internal sprinking and sprinking on the left side, which requires approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the interrogation of suspects of E;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and his defense counsel’s assertion that the Defendant did not know about 2 meters of the victim’s timber, and that the victim got out of the floor after the assault was completed.

2. The written injury diagnosis submitted by the victim of the crime of bodily injury generally grasps the cause of the injury based on the victim's statement, and records the part and degree of the injury as observed and judged by mobilization of medical professional knowledge, and it is insufficient to directly prove the fact that the injury as stated above was caused by the Defendant's criminal act. However, if the date and time of the diagnosis as to the injury is close to the point and time of the occurrence of the injury, and there is no reason to suspect the credibility in the process of the issuance of the written injury diagnosis, and if the part and degree of the injury as mentioned are consistent with the cause and circumstance of the injury claimed by the victim, the injured person around that time.

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