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(영문) 대전지방법원 천안지원 2015.11.13 2015고정392
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim C (year 51) are those engaged in taxi driving business.

On November 21, 2014, at around 00:15, the Defendant: (a) expressed a bath to the victim, a F-si driver, who was waiting in order to board customers for late night hours in front of the coffee store E in Asan City, and assaulted the victim, i.e., “whether franch franch franch franch franchis in an Asan area.” (b) twice the victim’s franch franch franch, and flapsing the franch.

As a result, the defendant injured the victim about 14 days of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. Statement of report on the inspection of occurrence of the case;

1. Description of the written diagnosis of injury;

1. Application of the Act and subordinate statutes to on-site and damaged parts photographs, black boxes, video CDs;

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

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that although the defendant was sculbling the victim's breath, the victim's head was not taken by drinking.

However, the victim C stated that the police was drinking from the defendant from the time when the police was dispatched to the site of the case, complained of two copies at the hospital on the same day, and the witness G, who was immediately next to the defendant and the victim, considered that the defendant was to take action to suppress the victim.

At the time, it is confirmed that the defendant opened a door to the driver's seat of the victim taxi at the time and has deep-faced the upper part of the body for the victim, and actively used violence against the victim for several seconds.

On the other hand, when the defendant was investigated by the police first, he is less than the victim's less.

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