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(영문) 대전지방법원 2017.05.25 2016고정1492
상해등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant, at around 03:10 on May 25, 2016, went back to the front of the E-vehicle operated by Defendant D on the Daejeon Seo-gu B and on the street prior to Daejeon Seo-gu, Daejeon, and C, as shown by the victim D, who is the driver of the said vehicle, would be able to take the front of the said vehicle and take a bath. On the one hand, from among the victim, the Defendant would damage the taxi owned by the said vehicle to KRW 277,698 while walking at one time after the driver’s seat of the said vehicle, and then, to continuously get the victim D to get off the vehicle.

"In the situation where the victim D was sealed in the car door and closed the car door, and the victim's hand kids the victim's hand, which requires treatment for a period of 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness D's legal statement (the main purport of the statement from an investigative agency to the court is consistent and credibility in light of the attitude of the witness in the court);

1. A medical certificate of injury (Evidence No. 16 of the evidence record);

1. Application of the Acts and subordinate statutes to photographs taken on the part of violence and damage;

1. Relevant Article 366 of the Criminal Act, the choice of punishment against the crime, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 assertion;

A. Although the Defendant was tensiond with the fences, the strength did not reach the degree of damage to the vehicle due to weak robbery.

B. The injured party dumped the Defendant’s flaps and salivating the Defendant’s flaps.

2. Determination

A. The Defendant recognized the victim’s side side of the driver’s seat and side of fences one time, and the circumstances revealed by the record, i.e., the Defendant considered the victim D at the time to become the first one, and the Defendant was in a state of harmony, and ii) the Defendant was in the driver’s seat.

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