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(영문) 울산지방법원 2013.08.29 2013고정599
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 08:20 on August 31, 2012, the Defendant: (a) brought the victim E (here, 40 years of age) residing near the building located in Ulsan-gu, Seoul-gu; (b) brought the victim E (here, 40 years of age) away from his/her residence; (c) was able to move to the victim even if he/she did not deduct his/her own car; and (d) while having disputes with the victim, the Defendant was able to move to the victim by hand; and (d) caused the victim’s injury to the brain-dead in which he/she did not have a short period of time (less than 30 minutes) with the loss of consciousness of days of treatment (less than 30 minutes).

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Investigation Report (general) - Application of the statute to attach Ethical diagnosis certificates and field photographs;

1. Article 257 (1) of the Criminal Act applicable to the crimes;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged was around 08:20 on August 31, 2012, the Defendant, in front of the building located in Ulsan-gu D, Ulsan-gu, one’s dwelling place, brought a call for the victim E (or 40 years of age) to move his or her vehicle. However, even if he or she did not deduct his or her own vehicle, he or she could cause the victim to move, and even if he or she did not have his or her complaint, he or she suffered injury in need of medical treatment for about 21 days due to the breath’s loss by leaving the victim in a dispute with the breath’s salt, tension, other hand and hand of the bones, and the breath’s loss.

2. Although the judgment of the defendant can be recognized as mentioned in the above facts charged, it is insufficient to recognize that each injury as stated in the above facts charged was caused by the defendant's above act in addition to the brain salvy which was acknowledged as mentioned above only with the statement and the written diagnosis at this court and investigation agency. There is no evidence to acknowledge otherwise.

Rather, it is true.

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