Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

피고인은 2015. 4. 20. 03:15경 안양시 만안구에 있는 ‘D’ 주점 앞길에서, 피해자 C(44세)과 서로 욕설을 하여 멱살을 잡고 싸우다가 발로 피해자의 다리를 차서 넘어뜨리고 계속하여 피해자의 다리를 수회 걷어찼다.

As a result, the defendant put up the victim on the left-hand 84 days of treatment, such as abandonment and mination of gladry.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of witness C and E;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Police suspect interrogation protocol regarding C;

1. An investigation report (including the receipt of a medical certificate of injury) (including the attached medical certificate of injury) (Attachment), the Defendant and his defense counsel, while the Defendant and his defense counsel expressed a motive with the victim and play fals, the victim was fald, but the victim was fald, and the victim was febbly vad, thereby making it difficult for the Defendant to commit a crime without supporting the victim

The main evidence of the charged facts of this case is the victim's statement, and the victim has consistently stated the situation at the time of the crime in the police and this court, and the contents are not only specific, but also there is no unreasonable or contradictory part in light of the empirical rule, and therefore, credibility of the statement is deemed to exist.

The evidence, such as the testimony and injury diagnosis report, is supported by the victim's statement at the main place of business.

반면, ‘피해자가 발을 헛디뎌 스스로 넘어져 다쳤다’는 피고인의 변명은, 피해자가 입은 상해 내용이나 정도 등에 비추어 경험칙상 납득하기 어려운데, 피고인이 경찰에서 ‘피해자가 술에 취해 때리다가 제풀에 넘어진 것을 화가 나서 발로 1회 걷어찼다’고 진술한 것과 다르기도 하다.

As a result, the defendant can be found to have committed a crime in full view of the evidence, including the statement of the victim.