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(영문) 전주지방법원 2016.08.26 2016고정456
상해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 03:30 on January 20, 2016, the Defendant sustained the injury of the victim, i.e., the victim F (n, the age of 31) who was in a dispute with E, other than the public prosecution, on the ground that the victim F (n, the age of 31) was faced with the victim, who was in a dispute with E, other than the public prosecution, in his/her hands over the pushed-up floor, and then booms the victim's shoulder with his/her hand while taking the victim's desire to take the victim's shoulder, and then booms the victim's shoulder into the pushed-up floor, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Statement made by the police with F and H;

1. A complaint;

1. A medical certificate of injury (four pages of investigation records);

1. Investigation report (related to submission of photographs of the victim's body of damage);

1. Application of Acts and subordinate statutes concerning investigation reports (related to telephone calls from a witness);

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and his defense counsel asserted the victim’s shoulder only once, but at that time the victim did not go beyond the victim, and the victim did not have the second smuggling.

2. In light of the following circumstances acknowledged by the evidence revealed earlier, the above assertion by the Defendant and the defense counsel cannot be accepted, as there is no room for reasonable deliberation on the crime of injury as indicated in the judgment.

A. The victim consistently made a statement from the investigative agency to this court that “the defendant was pushed ahead of it again, and thereby, he suffered injury in front of it.”

(b) At the time;

E means that “Although the victim was not considered to go beyond, the defendant was found to have pushed down the victim.”

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