(영문) 의정부지방법원 고양지원 2015.02.06 2014고정1124

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(영문) 의정부지방법원 고양지원 2015.02.06 2014고정1124

상해

Text

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

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

Reasons

Punishment of the crime

On March 2, 2014, around 22:40, the Defendant suffered from the victim D (Inn, 41 years of age) who resides in the front corridor C and 101 of his house in Yongsan-gu, Mangsan-si and 101, and from noise generation problems, the Defendant brought a dispute with each other, and suffered from the victim's fright, because the victim was suffering from a bicycle that was set up adjacent to the victim's house, and the victim was faced with the victim's body in good hand, and the victim was faced with a bicycle that was set up adjacent to the victim's house, for about 15 days of medical treatment.

Summary of Evidence

1. Part of the defendant's legal statement (the purport that the victim's upper part of body is even living is true);

1. Legal statement of witness D;

1. Partial statement of witness E (the purport that there was a minor vagabonds between the defendant and the victim, and the victim will go beyond the bicycle);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 262 of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act, the choice of fines for the crime;

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

1. According to the evidence duly examined in this court for conviction of Article 334(1) of the Criminal Procedure Act, the defendant's act of injured person's body can be deemed as the exercise of force against the injured person's body.

However, in light of the process in which the victim suffered injury, even if based on the evidence duly examined by this court, it is difficult to conclude that the defendant either knew that the victim would directly injure the victim or intentionally used the force of force against the victim that the victim would cause injury, but it is difficult to conclude that the victim intentionally used the force against the bicycle. Thus, the defendant cannot be held liable for the crime of injury on the ground that there is no other evidence to acknowledge it.

However, the facts charged of the instant injury are the facts charged.

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