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(영문) 서울중앙지방법원 2015.08.13 2014고정5526
상해
Text

Defendant

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

Defendant

B If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

Defendant

B around 1:30 on August 28, 2014, around 11:50, the injured party A (the 51-year-old) who was aware of the waste in front of the Gangnam-gu Seoul E apartment, was to dispose of the waste of the Defendant B’s building, and would not bring the waste in front of the warehouse of the building, and the injured party caused the victim’s injury to “brain sugar,” which requires approximately two weeks of treatment by drinking the head and neck of the victim.

Summary of Evidence

1. Defendant B’s statement in the first trial record;

1. Application of Acts and subordinate statutes to a report on investigation (Presentation of a medical certificate);

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 portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged against Defendant A, at the time and place indicated in the judgment, became the victim B (59 years of age) and trial expenses due to the problem of the disposal of the building waste, and the victim’s bridged with bridges and bridges, thereby causing the victim’s injury to the right side and right side in need of approximately two weeks of treatment.

2. Determination

A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(See Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.). B.

Among the evidence submitted by the prosecutor, it includes the witness B's legal statement, the statement of the police interrogation protocol of the suspect B, and the statement of the document prepared B.

However, the evidence duly adopted and examined by this Court is admitted.

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