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Reasons
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(영문) 제주지방법원 2011.12.15 2010고정669
상해
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 20:30 on February 5, 2010, the Defendant suffered from the victim’s chest in a glass and bet the victim’s chest in a free will and bet the victim’s face, and suffered from the victim’s face by drinking fry on the part of the victim’s upper part over the floor, which requires approximately four weeks of treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G, witness E and H respectively;

1. A copy of an injury diagnosis certificate or each medical certificate;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant and the defense counsel’s argument regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order are denied by asserting that the Defendant and the defense counsel found the Defendant who had been diving at the time of the instant case, and the victim was pushed down, and that there was no injury in excess of the victim.

However, according to the following circumstances, the defendant and his defense counsel's assertion are without merit.

1. H’s statement;

A. H is the only witness who had observed the Defendant’s crime at the location of the case at the time.

(A) At the time of dispatch, H was on the first floor at the location of the case. (b)

H appeared in the instant case, and after the police called out, around 22:30 minutes, around 1 hour and 30 minutes passed. He appeared in the police box and stated the circumstances leading up to the crime.

C. The main contents of the statement are as follows: “The Defendant 2 was panty at the stairs entrance of the second floor and pantyed the victim’s chest by panty, and the victim’s chest was tight, and the Defendant 2 was fighting.

After that, the defendant gets off and pushed down the victim's bat.

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