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(영문) 춘천지방법원 영월지원 2019.05.14 2018고단398
상해
Text

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

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

Reasons

Punishment of the crime

At around 18:10 on August 29, 2018, the Defendant called the victim D, who was a cosmetics seller, and called the victim D to sell cosmetics. While the victim had a defect to the purport that the e-cosmetic is not good, the Defendant puts the victim into dispute with the said e-cosmetic, the Defendant carried out the e-mail of the victim by hand for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Photographs, medical certificate, CD (No. 16) [Defendant and defense counsel No. 16] asserted that the Defendant committed an assault against the victim, but did not injure the victim, and that the victim was partially faced, not due to the Defendant’s act. This appears to the effect that there was no intention to injure the Defendant and there was no causation between the Defendant’s act and the victim’s injury. However, evidence duly adopted and investigated by this Court (in particular, from No. 16 No. 18:217 to 18:37 of the CD images No. 16).

According to the above, under the circumstance where the defendant and the victim conflict with each other, the victim was strongly pushed down the victim's timber and shoulder, and the victim visited the hospital three days after the occurrence of the case, and received the diagnosis of "in the left part and the right part" after visiting the hospital. According to this, it may be deemed that the defendant had an intention to do so at least at the time, and the causal relationship is recognized as long as the defendant suffered an injury by the victim because the defendant was pushed down the victim. Accordingly, the above argument is not acceptable.).

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)1.

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