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(영문) 대전지방법원 천안지원 2017.09.01 2017고정182
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 September 14, 2016, around 21:40 on September 14, 2016, the injured party C (the age of 61) contacted the accused, a key E, who was the key in the house, before the 18th floor elevator of the Asan-si building D, with a key correction device installed in his house entrance, and the door was not opened, and the accused arrived at the site.

At this time, while the victim divided the number height, and formed a dispute between the defendant and the defendant, the victim dump d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. f. d. d. f. d. d. f. d. d. f.

As a result, the Defendant inflicted an injury on the victim, which requires 49 days of medical treatment, on the part of the 5th head of the well-known area.

Summary of Evidence

1. The legal statement of the witness E, and the statement of the witness C in the third public trial protocol;

1. In the investigation report (F hospital, G medical table attached to medical table), injury diagnosis report (Evidence 43 pages of evidence record) (the victim and E are consistent with the victim and E, and the defendant stated that the victim was satisfyed with the victim's fingers;

In addition, in light of the parts and degree of the injury suffered by one victim, and the shape in which the fingers are inconsistent, etc., the above injury is difficult to be deemed to be the injury suffered by the fingers or the fingers of the door door, as alleged by the defendant) applying the law.

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The degree of injury suffered by the victim for sentencing of Article 334(1) of the Criminal Procedure Act in the provisional payment order is not easy.

The defendant did not reach an agreement with the victim until now.

However, this case is an aspect of the victim under the influence of alcohol, and the defendant was subject to violence first from the victim, and it seems that the crime of this case was committed in the process of setting up against it.

The defendant shall exceed a fine.

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