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(영문) 인천지방법원 부천지원 2019.11.27 2019고단897
상해등
Text

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

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

Reasons

Punishment of the crime

At around 15:40 on January 9, 2019, the Defendant suspected that the victim E (the 20-year-old) who is an employee of the Defendant’s “D” office operated by the Defendant (hereinafter “D”) acquired profits from the Defendant’s selling of used vehicles in the past with F for personal purposes. On the floor of his hand, the Defendant sawd the victim’s left side her three times of her face, one-time of her face, one-time of her face, and the victim’s left part of her face her face her face her face her face her face her face her face her face her face her face, and then she was her her face her face her face her face her face.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Legal statement of witness G;

1. The result of the fact-finding on the doctor H of this Court;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The victim’s injury as stated in the summary of the argument is extremely minor and does not constitute “injury” under Article 257(1) of the Criminal Act.

2. Determination

A. Article 308 of the Criminal Procedure Act, which provides for the principle of free evaluation of evidence, provides that the probative value of evidence shall be decided by the judge’s free judgment is consistent with the discovery of substantial truth. As such, a fact-finding judge shall consider the perception obtained in the trial proceedings and the evidence examined, while conducting fact-finding.

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

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