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(영문) 대구지방법원 안동지원 2015.05.26 2014고정285
상해
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 17, 2014, the Defendant: (a) around 06:30 on the street at the entrance of the “D” located in Ansan-si C on February 17, 2014, on the ground that the victim E (38 years of age) was on the spot to carry out funeral and displayed agricultural products in order for the victim E to carry out funeral; (b) at the end of a dispute with the victim, the victim’s shoulder part of the charges is the chest part; (c) however, in light of the witness E’s statement, etc. at this court, correction is made as above.

B tightly, the cargo vehicles parked in the same place are faced with the ground floor, and the victim exceeded the ground floor, leading up to approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement (in comparison with the statement in an investigative agency, it is reliable in light of not only the consistent and detailed part of the criminal facts, but also the attitude of his/her legal statement. In addition, there is no inconsistency with any other evidence, such as the statement, injury diagnosis, etc., in the F’s investigative agency that stated the witness of the case, and the police first reported it to the witness in a situation where he/she can have a witness in the surrounding area, and there is no circumstance that the statement will be a false statement

1. Examination protocol of the accused by prosecution;

1. Statement made by the police of the F;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to details of medical treatment victim E), investigation report (Attachment to a medical certificate for injury);

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act seems to be relatively minor, and the sentence was imposed in consideration of the fact that the defendant did not have a serious criminal record, but the defendant did not agree with the victim.

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