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(영문) 대구지방법원 2011.11.16 2011고정1550
상해
Text

Defendant

A shall be punished by a fine of 500,000 won.

Defendant

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

Reasons

Punishment of the crime

Defendant

A around 18:10 on October 11, 2010, at around 18:10, the victim and the defendant took part in the bath in the above bath, and the victim and the defendant took part in the face of the victim at a time of drinking as soon as possible, the victim's face could not be known to the victim.

Summary of Evidence

1. Each legal statement of the witness H, C, and B;

1. Each police suspect interrogation protocol against Defendant A (including the part of the interrogation protocol (2) of the suspect interrogation protocol, and the part of the interrogation protocol of Defendant B of the suspect interrogation protocol (3) of the defendant interrogation protocol)

1. Application of Acts and subordinate statutes to certificates of injury (investigative records No. 56), copies of medical records, etc.;

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

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. On October 11, 2010, Defendant C, at around 18:10 on the summary of the facts charged against Defendant B and C, was unable to take place in the G bath of Defendant C’s operation of the Nam-gu Daegu Nam-gu Seoul Metropolitan Government (hereinafter “B bath”) and, at the same time, had the victim A (e.g., 73 years of age) who was soon taken in the bath, and had the victim A (e.g., g3 years of age).

Defendant B, who had a dispute in his next side, flicked the two arms of the victim, and flicked the victim, H (Suspension of Prosecution on the same day), and Defendant C, in combination with this, flicked the victim’s neck with both descendants, and flicked the victim’s neck.

As a result, the Defendants, in collaboration with the above H, inflicted an injury on the victim, such as catitis that requires treatment for about three weeks.

2. Determination

A. Among the evidence duly admitted and examined by this court, the statement of each police's protocol of interrogation of the victim A (hereinafter "victim") against the defendant B and C (hereinafter "victim") as evidence conforming to the above facts charged is recorded [the statement of the suspect interrogation protocol (the second statement of the suspect interrogation protocol) and the statement of H in the interrogation protocol (the third statement of the suspect interrogation protocol) are excluded].

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