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Defendant
A shall be punished by a fine of KRW 700,000.
Defendant
If A does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
Defendant
A, around 11:20 on March 12, 2018, around 11:20, around 2018, damaged the victim D's shoulders (e.g., 78 years of age) by hand in the vicinity of dry field located in Donnam-gun C, and walking a part of the ship due to a power failure, and flading a part of the ship for about two weeks of treatment.
Summary of Evidence
1. Statements made by witnesses D and E in the second trial records;
1. Statement to E by the police;
1. Investigation report (to have telephone conversations for witnesses);
1. The defendant A and his defense counsel denies the crime while the defendant did not assault the victim as stated in the judgment of the court below.
However, in light of the following circumstances admitted by the evidence mentioned above, Defendant A may sufficiently recognize the fact that Defendant A inflicted an injury on the victim, and thus, Defendant A and the defense counsel’s above assertion is rejected.
(1) The victim stated to the effect that he/she consistently meets the criminal facts stated in the judgment from an investigative agency to this court.
Although the victim has been suffering from disputes since around 2012 due to the lack of appraisal due to the problems of the boundaries between the husband and wife of the Defendants and dry field, and there was a dispute and the body fighting on the day of the instant case, it is difficult to deny the credibility of the statement related to Defendant A because the witness E’s statement supports the victim’s statement, as seen later.
② Moreover, on the day of the instant case, the Defendants reported 112 to the effect that they were assaulted by the victim, and the victim made a statement to the police officer called up that “A was pushed ahead of the Defendant and pushed down the Defendant A against it.”
③ At the time, E, who was a witness, stated in this court that “At the time the victim was pushed up B and the victim was satisfed, Defendant A Da and the victim’s shoulder and her bridge, and thereafter, he stated that “the victim was satisf and killed,” and that “the victim was satisf.”