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(영문) 대구지방법원 김천지원 2019.08.27 2019고정150
상해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the husband of the victim B (here, 36 years of age).

At around 21:30 on January 31, 2019, the Defendant: (a) sold knenee part of the victim’s clothes at one time on the ground that the Defendant met the Defendant who wanting to drink two-lanes of alcohol at the D parking lot; and (b) suffered injury to the bones (No. 8 on the left part) in need of approximately four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and E;

1. As to the attachment of an investigation report (as to the attachment of a medical certificate), the defendant and his defense counsel did knee in contact with the victim’s clothes, and they did not have any intention to inflict an injury at that time. According to the record, the defendant’s act was acknowledged to the effect that “the victim knee with the defendant” was “after the defendant committed the above act.” However, the establishment of the crime of injury requires sufficient awareness of assault, which is the cause of the injury, and does not require sufficient injury (see, e.g., Supreme Court Decision 9Do4341, Jul. 4, 200). The defendant’s act of bringing knee to the victim’s clothes is recognized. The defendant’s act was perceived to exercise the victim’s ability by its act, and it is difficult for the defendant to simply take knee over the victim’s fele in contact with the victim’s body size and kneeg without any difference in the victim’s body size and knee.

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