logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.04.08 2015고정979
폭행등
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

피고인은 2015. 6. 23. 13:00 경 전주시 완산구 C에 있는 D 사무실에서 피해자 E(49 세) 의 상해 행위에 대항하여 쓰고 있던 모자 차양으로 피해자 E의 이마를 3회 치고, 계속하여 손으로 피해자의 멱살을 잡아 흔들고, 이어서 왼쪽 무릎으로 피해자의 오른쪽 무릎을 1회 찼다.

As a result, the Defendant inflicted bodily injury on the victim, such as dump, tension, and other dump of the following legs, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A report on internal investigation (7 pages of evidence record) and photographs attached thereto;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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. In order to prevent violence, the defendant and his defense counsel's assertion, the defendant was only flobbbial with breath, and did not injure the victim.

2. The judge's decision on the probative value of the evidence must be consistent with logical and empirical rules, and the degree of the formation of a conviction in a criminal trial should be such that there is no reasonable doubt. However, it is not required to exclude all possible doubts, and rejection by causing a suspicion with no reasonable ground to recognize probative value is not allowed as exceeding the bounds of the principle of free evaluation of evidence. The term "reasonable doubt" in this context refers to a reasonable doubt as to the probability of a fact that is inconsistent with the facts that cannot be proven in accordance with logical and empirical rules, rather than all questions and correspondences, and is merely conceptual or abstract.

arrow