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(영문) 대구지방법원 의성지원 2017.03.23 2017고정15
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

On September 11, 2016, at around 10:55, the Defendant: (a) opened the real name of the above church pastor from the victim E (73 tax) to take out the name of the above church pastor; (b) had the victim go beyond his/her will by head; and (c) sustained the victim’s left chest due to his/her elbow, etc., due to his/her elbbow, the Defendant inflicted an injury on the victim, such as the Defendant’s chest pressure on his/her left chest, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. A report on investigation (in relation to the assault of a victim, relating to a witness's statement);

1. Each injury diagnosis report (the 4,24th page of the investigation record) and the medical record attached to the investigation report (related to the diagnosis report) (the defendant and his/her defense counsel asserted that there was no fact that the defendant had the victim go beyond the victim by his/her head or he/she had no price of the victim's chest due to his/her elbow.

However, in light of the fact that the victim and witness's statements are generally consistent and detailed in place with the background of the occurrence of the relationship between the defendant and witness and the exercise of the physical force of the defendant, and that there is no reason for the victim and witness to make a false assertion or to mislead the defendant, credibility exists in each statement of the victim and witness, and the degree and degree of the injury described in the medical record also conforms to the victim's statements and facts of the crime.

Therefore, the defendant's above assertion is not accepted because it can be sufficiently recognized that he assaulted the victim and inflicted bodily injury as stated in the facts of crime in the judgment of the defendant.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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