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(영문) 인천지방법원 2015.02.12 2014고단7327
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

At around 02:00 on March 5, 2014, the Defendant entered the place of “E” at the point of “E” located in Nam-gu Incheon Metropolitan City D, and thus, the Defendant neglected his duty of care to prevent the victim from getting out or getting out of the place by the method of avoiding it, and neglected his duty of care to prevent the victim from getting out of or getting out of the place, and caused the victim to face losses on the floor of the site, and caused the victim to go up to the end of the left part of the left part requiring approximately seven weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F (part) and G;

1. An investigation report (to hear telephone statements, such as h);

1. The application of Acts and subordinate statutes, such as a medical certificate or an investigation report (a copy of a medical record);

1. Article 266 (1) of the Criminal Act applicable to the crimes. Article 266 (1) of the same Act

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won; and

2. Determination as to the defendant's defense counsel's assertion that there was a history of punishment for a fine due to the victim's failure to reach an agreement, injury, etc. in light of the degree of negligence of the victim in the course of making a sentence of sentence [Indecent circumstances]

1. In light of the fact that the Defendant and the victim met with each other in the instant store and the victim took off, and the victim’s statement is not consistent, it cannot be deemed that the victim suffered an essential frame that requires seven weeks of medical treatment (hereinafter “the instant injury”).

2. According to the statements in F’s legal statement, F’s written statement, F’s written statement, police’s written statement of the Defendant’s suspect interrogation protocol against the Defendant, F’s large portion among the police interrogation protocol against the Defendant, and G’s written statement(s) of the victim, F, the victim, has any reason for the Defendant at the accusation.

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