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(영문) 서울남부지방법원 2017.05.24 2016고정973
상해
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On September 16, 2015, around 02:35, the Defendant used the victim’s neck with both hands while she was fluent with the victim E (the remaining and 36 years of age) and the drinking value in front of the “D food,” which was operated by the Defendant located in Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Entry of part of the witness E in the third public trial protocol;

1. Application of CD-related Acts and subordinate statutes

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged in the instant case revealed that the Defendant spawned and pusheded the victim’s neck as indicated in the facts charged and added approximately three weeks of chills and tensions that require treatment to the victim.

2. In a criminal trial, the recognition of facts constituting a crime ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the degree to have such conviction, even if the defendant’s assertion or defense is contradictory or uncomfortable, it should be determined in the interests of the defendant (see Supreme Court Decision 2012Do3722, Sept. 26, 2013, etc.). However, according to the evidence duly adopted and examined by the court, the defendant’s flabing and smuggling was recognized, in addition to the tangible force as indicated in the judgment of the defendant, since there was an act such as going beyond the bounds of the victim’s self-consception in the process to the surrounding persons, the result of the victim’s injury was caused by the Defendant’s assault.

It cannot be readily determined, and unlike the assault and injury of this case.

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