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(영문) 수원지방법원 2020.03.12 2019고정1662
상해
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

At around 18:50 on August 3, 2019, the Defendant: (a) operated D Kawn vehicle in front of C, which was driven by the victim E (E, South and 21 years old) while driving a D Kawn vehicle; (b) reported that the victim would be able to blue and blue the vehicle due to the change of course in the future, and that the victim would bring the blue of the vehicle into the front window of the above vehicle; and (c) reported that the victim would put the blue of the blue in the blue window of the victim after closing the window, and caused the injury of the victim’s blue part of the blue zone between the window and the rainwater for about two weeks in charge of the right-hand blue and salt for treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. E statements;

1. A report on investigation (Attachment of scene photographs of victims);

1. Application of statutes on site photographs;

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act concerning the applicable criminal facts;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is extremely minor and does not constitute “injury” under Article 257(1) of the Criminal Act. The Defendant is a justifiable act, given that the victim s/he expressed his/her desire and threatened thereby closing his/her windows without choice.

2. Determination

A. Article 308 of the Criminal Procedure Act, which provides for the principle of free evaluation of evidence as to the assertion of injury, provides that the probative value of evidence shall be based on the free judgment of the judge is consistent with the discovery of substantive truth. As such, a fact-finding judge shall take into account the perception obtained in the trial proceedings and the examined evidence while conducting fact-finding.

In addition, the judge's decision on the probative value of evidence should be consistent with logical and empirical rules, and the degree of formation of a conviction in a criminal trial should be such that there is no reasonable doubt, but it does not require that the degree of exclusion from all possible doubts.

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