(영문) 서울북부지방법원 2016.03.24 2015고정1818

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2016.03.24 2015고정1818

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

around 05:40 on May 28, 2015, the Defendant suffered injury to the victim’s “damage to the left-hand shoulder and the dives dives diversity of the upper part,” which requires approximately two weeks of medical treatment, by turning about the trial cost for tap water jointly used in the above apartment.

Summary of Evidence

1. Each statement of witness E, F, G, and H in the second public trial records;

1. Statement made by the police for E;

1. A certificate of diagnosis of an injury, or photographic part of an injury;

1. Application of Acts and subordinate statutes of the place of security service ( May 28, 2015);

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

A. On May 28, 2015, the defendant and his defense counsel asserted that the defendant did not contact the victim E and did not inflict any injury by assaulting the victim. On June 3, 2015, the defendant and the defense counsel asserted that on June 3, 2015, the defendant did not use the joint water supply system with the victim and that on June 3, 2015, the police called up upon the defendant's report.

B. The victim’s statement is credibility in light of the following circumstances, which can be seen by the evidence presented above.

Since it is judged, it can be recognized that the defendant inflicted an injury such as the statement of facts of crime on the victim's left-hand completion on the date of statement of facts of crime.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

1) The victim is consistently stated in the investigative agency and this court on the date of the assault, the background of the assault, the form of the assault act, and the part of the injury, etc. of the defendant, and it is deemed difficult for the victim to make a statement easily unless he/she directly experienced the content of the statement.

2) The victim mentioned in the written diagnosis of injury to the victim.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제257조 제1항

유사 판례

-창원지방법원 진주지원 2017.11.24 2017고정260

-인천지방법원 부천지원 2021.01.12 2020고단5000

-부산지방법원 2016.05.27 2016고정183

-의정부지방법원 2016.05.04 2016고합88

-의정부지방법원 2016.05.11 2016고단252