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(영문) 서울동부지방법원 2016.11.03 2016고단10
상해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 16:20 on December 19, 2013, the Defendant was a correctional public official belonging to Seongdong-gu 2, Songpa-gu, Seoul. On the ground that the victim F (the age of 42) who is a prisoner in the ward E living room in the above detention house was a person in charge of the victim's work room, going back to the worker room in charge, and opened the victim's right shoulder, and opened the victim's right shoulder with his hand, and opened the victim's right shoulder on his/her right gate and the left side part of the room in the above detention house E, and led the victim to a multi-lock and a check that require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement of witness F in the second protocol of the trial;

1. Each legal statement of witness G and H in part;

1. An interrogation protocol of the accused, H, and I prepared by the prosecution;

1. A petition (No. 42 of the Investigation Records), a report on acceptance of data (additional statement, a medical certificate of injury, a body photo, a request for preservation of evidence), a dynamic check, a statement of statement (F, No. 103 of the Investigation Records), a question answer (F, No. 181 of the Investigation Records), and a statement of opinion;

1. A written diagnosis of injury;

1. The original photograph of such head as the JF No. 1;

1. An investigation report (to report by facsimile receipt of a copy of the mandatory record of the K Hospital);

1. An investigation report (or a report by facsimile, such as a certificate of injury to the L Hospital);

1. Medical record book, prisoner’s work record book, prison officer’s work log [the defendant asserts that there was no intentional injury to the victim as shown in the facts charged. However, the victim’s statement is consistent and specific for several years immediately after the damage was inflicted, and the victim’s statement is consistent with his/her photograph, Seongdong-gu’s medical record, and his/her body photograph and the written diagnosis of injury taken on January 3, 2014, which were taken on December 19, 2013, corresponds thereto. As alleged by the defendant, even if the victim made a statement on the situation of damage or on the actual condition of human exposure in the detention house without any objective ground, it is difficult to deem that the victim’s statement that conform to the facts charged in the instant case is not reliable.]

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