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(영문) 인천지방법원 부천지원 2018.06.22 2018고정128
상해
Text

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

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

Reasons

Punishment of the crime

On August 29, 2017, the Defendant parked in the private land owned by the Victim F before the “E located in Kimpo-si D” in around 09:15 on August 29, 2017.

In the course of the dispute, the victim suffered injury such as plucking the back of the victim by one hand, and plucking or plucking the left hand hand, which requires the treatment period of three weeks, such as plucking and damaging the water pipe of the 2 water table of the 2-day water table.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. The medical certificate of injury and the medical certificate [the defendant did not knife the body of the injured person, and the injured person defends the injured person about his/her eye with his/her finger, and caused his/her fingers while defending him/her to do so. However, it is argued that there was no injury.

The testimony of the witness F is not inconsistent with other evidence, such as the defendant's act, damage, and situation before and after the crime, and the diagnosis that received treatment on the same day, and the victim's testimony is recognized as credibility in light of the attitude of the statement in this court.

Meanwhile, the witness G’s statement that seems partially consistent with the Defendant’s assertion is difficult to believe that the above G did not clearly witness the dispute between the Defendant and the victim from the beginning, and some acts and circumstances related to the Defendant’s act and the details of damage, etc. do not clearly witness and make a statement. It is difficult to believe it as it is because it does not coincide with the Defendant’s statement.

Comprehensively taking account of the evidence as stated in the judgment, including F’s statement of the victim, the fact that the defendant has inflicted the injury on the victim as stated in the judgment of the court below is sufficiently recognized, and the defendant’s act that actively committed the act does not constitute a legitimate defense in society.

The above assertion by the defendant cannot be accepted.

Application of Statutes

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. Attraction of a workhouse;

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