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(영문) 대구지방법원 상주지원 2012.11.06 2012고정103
상해등
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The issue of whether the Defendant was “eight months” around the summer in 201 is not clear by evidence, and thus, the date and time of the crime is recognized as above.

Since the defendant made a consistent statement that there was a victim and a vagabonds in the above restaurant around 19 days, and exercised sufficient right of defense as to the course of the date and the defendant's act, there is no concern that the above recognition might give substantial disadvantage to the defendant's exercise of right of defense without changing the indictment.

At the 19th day permanently stationed in C, the victim E (the 70-year-old-old-year-old-old-old-free-free-free-free-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out

2. On December 19, 201, the injured Defendant, in front of the “F” restaurant located in C at the time of stay at around 12:30 on December 19, 201, sentenced the victim to the injury of the victim, by her hand, following the “F” restaurant, “inducing the victim’s fright,” leading the victim’s wife by her hand, strekeing his head, knife, knife, knife, knife, knife, knife, knife, knife, and knife the head.

Summary of Evidence

1. Each legal statement of witness E and G;

1. Some prosecutor's protocol of interrogation of the defendant (including E statements)

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

1. Relevant Article 260 (1) and Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine for negligence, and the choice of a fine for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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