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(영문) 의정부지방법원 2018.05.31 2017고정1058
상해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 26, 2017, the Defendant, at the time of the Government around 01:00, 2017, assaulted two other daily activities and two singing in the third floor of the C Building and talked with two singings without any reason, resulting in assaulting the victim E by assaulting three parts of the victim’s head head, thereby causing injury to the victim, such as the eye, images, etc. in the area surrounding the snow, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Written opinions, each standing photograph, notification to the department related to the reporting of the case 112, on-site photographs, and the injury diagnosis report;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

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

1. As to the issue of the main text of Article 186(1) of the Criminal Procedure Act, the defendant and his/her defense counsel asserted that, although the defendant's head was drinking at the victim's head, he/she did not inflict any bodily injury by assault, such as supporting the parts adjacent to the victim's snow by a cigaretteing as stated in the facts charged of this case.

In light of the following circumstances, the evidence duly adopted and examined by this Court is comprehensively taken into account: ① The victim made a relatively concrete and consistent statement from the investigative agency to this court to the effect that “the Defendant was at the place of drinking alcohol with the Defendant, F, G, and the Defendant was at the place of work, and the Defendant supported the face of a cigarette in his hand and taken three times face by drinking,” ② The victim’s statement is sufficiently supported by the victim’s statement about the victim’s degree and degree of injury, such as the victim’s statement of opinion and the diagnosis of injury, each image of each body photograph, etc. (3) at the time.

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