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(영문) 전주지방법원 2019.05.15 2018고단2004
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 August 25, 2018, at around 22:00, the Defendant was aware that the victim C (Nam, 67 years of age) and the mother of the Defendant were able to take a bath for the mother of the Defendant, leading the victim to dispute with the victim and the victim was pushed down to the ground.

As a result, the Defendant inflicted an injury on the victim, such as salt, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. The witness C and D’s each legal statement (C is consistent with each other from the investigative agency to the present court). D did not directly regard C in the investigative agency and the Defendant in this court, but, unlike the Defendant’s change in the case where C was in excess of C in the process of pushing the Defendant’s hand over fating his head, C took the Defendant’s head, and consistently stated that C did not keep the Defendant’s head fating (the Defendant’s statement was made as if he was directly seen as having the form of C, and it cannot be readily concluded that there was no credibility of D’s entire statement solely on such circumstance, even though the Defendant reversed the Defendant’s statement as if he had made the statement as if he was directly seen as having the form of C.

3) In light of the aforementioned circumstances, each of the above statements is reliable, taking into account the following circumstances: (a) the injury diagnosis document against C includes “the impairment of the reputation of the part of the part of the title whose standing is unknown.”

1. Each police statement of C or D;

1. Application of C Acts and subordinate statutes to the accusation statement (including the injury diagnosis statement attached thereto);

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

1. Articles 70 (1) 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;

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