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(영문) 수원지방법원 2020.06.11 2019고정1633
상해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 13, 2019, the Defendant: (a) around 20:50, around 20:50, the victim D (the age of 40) who is the owner of the above apartment, opened the front gate in front of the instant apartment C heading, and took the bath of the victim, such as the victim’s satise, “in front,” “satis,” “satis,” etc., and continued to f-7 times at the end of the victim’s satise, and f-7 times at the end of the hallway, followed up the victim’s her hand by dividing the victim’s neck into about 6-7 hand, and then, the victim’s satise, the victim’s satise part in need of treatment for about 14 days, and the satise damage, etc

Summary of Evidence

1. Investigation report (including the substitution of evidence) on the accused's statement in each police interrogation protocol (including the statement that there was no fact that the victim was pushed the victim out of the front door, when the victim enters the front door) of the accused's partial statement (including the fact that the victim was pushed out of the front door, but the sump or sump was not carried out).

1. The Defendant and the defense counsel denies the use of a brupt by itself, and asserts that the body fighting itself constitutes a legitimate act.

The victim has consistently made a statement from the investigative agency to the court about the circumstances in which the victim's body fighting has occurred.

상해를 입은 직후 112에 신고하였는바 당시 피해사진을 보면 피해자의 목 부위가 빨갛게 부어올랐음을 알 수 있고 다음 날 발급받은 상해진단서의 기재내용도 피해자의 상해사실과 부합한다.

In addition, the victim's statement by the witness E that he/she was found to find his/her house without contact with the lessee because the victim did not have any consistency in the situation at the time, and it is difficult to see that the victim did not intrude into the residence of the defendant without permission at the time, and as such, the harmful act of this case by the defendant, which is acknowledged as above, is passive.

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