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(영문) 전주지방법원 2018.10.04 2017고정618
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 11, 2017, around 07:50, the Defendant stated the part of the victim E (the 63-year old) and the part of the victim’s shoulder part among the Si expenses as “the part of the chest” in the facts charged, but it is recognized only to the extent that the Defendant’s statement and other evidence submitted by the prosecutor submitted by the prosecutor, as such, that the above change is recognized to the extent that there is no risk of causing substantial disadvantage to the Defendant’s exercise of the right of defense.

Madern assaulted the victim.

Summary of Evidence

1. Partial statement of witness E;

1. Application of Acts and subordinate statutes to the police interrogation protocol to the accused;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Part concerning a crime without Article 59 (1) of the Criminal Act (not guilty of grounds), which is a crime under Article 59 (1) of the suspended sentence (i.e., the elderly and the first offender, the degree of violence is minor, and the violence was committed by the victim of India);

1. 이 부분 공소사실의 요지 피고인은 판시 범죄사실 기재 일시ㆍ장소에서 노점자리 문제로 피해자 E 와 시비 중 피해자의 가슴 부위를 2회에 걸쳐 세게 밀쳐 피해자가 닭장 모서리에 옆구리를 찧으면서 넘어지며 머리가 시멘트 바닥과 충격하게 하여 피해자에게 약 3 주간의 치료를 요하는 흉곽 전벽의 타박상, 늑골 골절, 진탕의 상해를 가하였다.

2. Determination

A. The victim’s investigative agency and this court are directly admitted as evidence corresponding to this part of the facts charged.

In such a case, it is difficult to believe the victim's statement as it is in full view of the following circumstances acknowledged as evidence by this court.

1) While the victim was in the police room with the defendant's occupation problem, the victim was her chest by hand, who did not go beyond the victim's chest.

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