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(영문) 대전지방법원 2015.04.09 2014고정1278

Defendant shall be punished by a fine of KRW 2,000,000.

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


Punishment of the crime

피고인은 2014. 5. 10. 01:05경 대전 중구 중앙로 138에 있는 우리들공원 앞 노상에서 피해자 C(55세)과 피해자 D(53세)에게 아무런 이유 없이 ‘이 씹새끼야. 개새끼야. 때려 죽인다.’라고 욕설을 하며 발로 피해자 C의 낭심 부위를 2회, 복부 부위를 1회 걷어찼고, 주먹으로 얼굴 부위를 1회 때렸다.

The victim D, who was next to the defendant, set up the defendant at his arms in order to make it horse, and immediately carried the victim's right arms one time.

As a result, the defendant suffered from injury to the victim C, such as spam sprinking, which requires approximately two weeks of treatment, and other injury such as damage to the victim D, which requires approximately two weeks of treatment.

Summary of Evidence

1. Each legal statement of witness C and E;

1. Legal sound recording files for witnesses D;

1. A medical certificate of injury and a medical certificate;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant's assertion of Article 186 (1) of the Criminal Procedure Act, which bears the burden of litigation costs, is against the victims, and the victim was committed to escape from this, and thus, the victim's self-defense or legitimate act is dismissed. However, according to the evidence of the judgment, the victim's humping of the defendant in order to prevent the victim's humping of the victim's C, and there is no evidence to acknowledge the fact that the victim was committed at the time of the defendant, and it cannot