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(영문) 대전지방법원 2013.04.17 2012고정1541
상해
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Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 18, 2012, from around 21:00 to 22:00 on the same day, the Defendant stated that “the victim D (here, 52 years of age) who is an election management member of the same apartment complex in the Jung-gu Seoul apartment complex management office, and that “the victim shall grow up at night and her age,” while talking about the construction of apartment facilities in relation to the construction of apartment facilities, the Defendant suffered the victim’s right saton in the left saton that requires the victim’s treatment for 14 days.”

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statements made by witnesses D and E in the second trial records;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on photographs;

1. Relevant provisions of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Claims and determination of the Defendant under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that the victim's shoulder was not sealed (Therefore, the victim did not have a bodily injury), and even if the defendant was sealed, the defendant did not have an intentional injury.

2. First of all, according to the health stand as to whether the Defendant was sealed by the victim, and each of the above evidence, the facts that the Defendant was faced with the victim's shoulder while the victim was pushed off, and was faced with the victim's shoulder, can be acknowledged.

In light of whether there was an intentional injury, the degree and content of the assault committed by the defendant, and the part and degree of the injury inflicted by the victim, etc., the type of the defendant's perception that the defendant may directly injure the victim or may injure the victim due to his/her own act, but may cause the occurrence of the injury.

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