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(영문) 광주지방법원 2017.04.13 2016고단4735
상해
Text

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

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

Reasons

Punishment of the crime

On March 21, 2016, the Defendant discussed the issue of defining the constituency of the relevant branch in the office of the D Gwangju Association's office located in the Seoul Southern-gu Seoul metropolitan building 7th floor on March 21, 2016, and then the dispute between E and the victim F is described as "picker" against the victim who is punished.

In the process of "in order to put the victim into the face of the disease, the defendant's arms face once on the left part of the victim, and the victim gets approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Entry of each part of the witness G, E and H in the second public trial records;

1. Statement made by the police with regard to F;

1. A statement prepared by the F;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to medical certificates of injury and medical records;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act concerning the defendant's assertion of the provisional payment order argues that the defendant only has a fact that he/she had a wall against the victim while making a verbal dispute with the victim at the date and time, place specified in the facts charged, and there is no fact that he/she conducted physical contact with the victim or inflicted any injury.

However, the victim has made a concrete and consistent statement from the investigative agency to the court of law.

In particular, the fact that the Defendant was suffering from the disease is recognized by the Defendant himself and the witnesses are also stated to the same effect. The victim has consistently made it clear from the beginning that his own arms had faced with “the Defendant’s arms that caused the disease,” not “the Defendant’s display” but “the Defendant’s arms that caused the disease,” and this is also recorded in the medical records prepared on the day of the instant case (second page of the investigation record). In addition, at the time of the instant case, the Defendant and the victim are low in height.

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