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(영문) 대구지방법원 김천지원 2018.01.23 2017고정434
상해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 6, 2017, around 13:34, the Defendant used the victim D (59 years old) and the lien dispute within the parking lot of the building located in the Gumi-si, Si, Gumi-si, and used the victim D's chest part with the left shoulder part.

Summary of Evidence

1. Legal statement of the witness D;

1. Application of the Act and subordinate statutes to a investigative report (as to the attachment ofCCTV images);

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On July 6, 2017, the Defendant: (a) around 13:34, at the parking lot of the building in the Gumi-si, Si, Si, Si, Si, si, the victim D (59 years old) and the right of retention were in a trial; and (b) the part of the left shoulder part of the victim D’s chest was in excess of the time when the victim’s chest part was put in place; (c) and (d) the Defendant was on the top and on the lower part of the part in need of treatment for

2. Determination

A. The prosecutor had the Defendant go beyond the part of the victim’s “the chest” and put the victim’s “neck” and “the following, etc.” on the part of the victim’s “the chest.”

Prosecution was filed.

B. First, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, it is insufficient to acknowledge that the injured party was due to the Defendant’s assault, solely based on the evidence submitted by the prosecutor and the statements made by the victim in this court, and there is no other evidence to prove otherwise.

(1) When the defendant inflicts on the left part of the victim's chest part of the chest part, the victim was displayed on one occasion immediately after the victim left part, but the defendant did not immediately go.

② At the time of display, the victim did not go beyond the fast direction from the Defendant, but was not from the center of the weight of the victim at the time of display once, and was in excess of the sudden seat.

(3) The victim is very infinite natural secting the appearance of the victim, such as entering the bridge excessively beyond the limit of ,00.

(4)

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