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(영문) 수원지방법원 2016.01.21 2015고정1118
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 12:00 on January 14, 2015, the Defendant: (a) moved the victim E (38 tax) who was a partner of the workplace with poor usual appraisal at the 'D' hall located on the 1st floor of the Yeongdeungpo-gu building C, Suwon-gu, Suwon-si; (b) moved the victim’s left side buckbucks on one occasion; (c) turned the victim’s buckbucks into a smoking room; and (d) moved into a smoking room; and (d) carried the victim’s bucks on several occasions, resulting in the victim’s buck, and caused the victim’s injury, such as salt, tension, etc. requiring medical treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. E statements;

1. Damage photographs and CCTV photographs;

1. A criminal investigation report (to attachCCTV dynamic images);

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument is that the Defendant did not have exercised the force of force against the victim as stated in the facts charged, and even if not, there is no relation between the Defendant’s assault and the injury of the victim.

2. The victim E has consistently and specifically stated the defendant's act from the police to this court, the content of damage, the situation before and after the crime, etc., and the victim E does not have any specific rationality in the contents of the statement, and the victim E stated in the written diagnosis issued on the day of the crime that "the victim has been in a hole behind the front and on the chest" that "the victim has been in a hole behind the front and on the chest." The victim's photograph taken on the same day also corresponds to the victim's statement, and the victim's statement is credibility in light of this court's attitude to make the statement.

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