(영문) 대전지방법원 2013.06.19 2012고정2373

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2013.06.19 2012고정2373

상해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 1, 2012, at around 11:45, the Defendant suffered injury, such as salt ties, tensions, etc., in need of three weeks of medical treatment while the Defendant was suffering from the Defendant’s vessel being pushed the victim’s vessel by the Defendant’s ship, when he was under good appraisal, such as interference, etc. with the bus bus allocation of Pyeongtaek company in the Daejeon Seo-gu E.

Summary of Evidence

1. Each legal statement of witness G, H and I;

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

1. Relevant provisions of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Claims and determination of the Defendant under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that the defendant did not pushed the victim's boat (Therefore, the defendant's act did not have the victim's injury), and even if the defendant pushed the victim's boat, the defendant did not have the intention of injury.

2. First of all, according to the health examination as to whether the Defendant was pushing the victim’s vessel, and each of the above evidence, the facts that the Defendant, on his own part, was faced with the victim’s vessel by pushing the victim’s vessel, and was affected by the victim’s injury.

In light of the health record as to whether there was an intentional injury, the degree and content of the assault committed by the defendant, the background leading up to the victim, and the part and degree of the bodily injury inflicted on the victim, etc., it is difficult to readily conclude that the defendant either obtained a recognition of direct injury to the victim, or by his/her own act, may cause the victim to be injured, but it is also difficult to conclude that he/she exercised the tangible force due to an intentional act. There is no clear evidence to acknowledge otherwise, the defendant is an intentional offender for the injury inflicted on the victim immediately.

참조조문

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