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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant stated in the indictment around November 23, 2017 “round October 17, 2017” is a clerical error in the phrase “ around November 23, 2017,” and the date and time of the crime are corrected as above without due process of changes in indictment because it does not give any substantial disadvantage to the Defendant’s exercise of his/her right to defense.
창원시 성산구 B에 있는 피고인의 집에서, 평소 사이가 좋지 않았던 아내인 피해자 C(여, 38세)이 “짐을 다 쌌으니 나가달라.”고 말을 하고 식탁에 앉아 이혼 서류를 작성하자 피해자에게 다가가 손으로 피해자의 뒤통수를 2회 때리고, 계속하여 피해자의 멱살을 잡고 방으로 들어간 다음 주먹으로 피해자의 얼굴 부위를 수회 때리고 발로 머리를 밟아 피해자에게 약 2주간의 치료가 필요한 열린 두개내 상처가 없는 진탕의 상해를 가하였다.
Summary of Evidence
Witness
C Legal Statements
1. A written diagnosis report (Attachment of a photograph of the victim’s photograph) (where the statement of a witness, including the victim, is mutually consistent and consistent with the facts charged, it shall not be rejected without permission, unless there exist any other reliable data that can reasonably be objectively deemed insufficient (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The mere fact that the statement of a witness is consistent with the witness’s statement in the major part, the credibility of the statement is not readily denied (see, e.g., Supreme Court Decision 2007Do10728, Mar. 14, 2008) solely on the ground that the statement of a witness is somewhat inconsistent with the statement of other minor matters, and the following facts or circumstances acknowledged in the evidence duly adopted and investigated by this court are acknowledged.
(1) The victims shall be consistent with regard to the methods of crime, the situation before and after the crime, the words and actions of the defendant at the time of the crime, and their reactions thereto.