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(영문) 청주지방법원 2018.01.09 2017고정746
상해
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On December 25, 2017, around 22:00, the Defendant requested the victim C to change the child support and the security deposit for his/her children within the residence of the victim D located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, but was rejected, and the Defendant committed assaulting the victim's head by one hand.

Summary of Evidence

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of a report on investigation (at the time of mobilization) and a report on investigation (related to the submission of a report on the head of a damage);

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. The prosecutor acquitted the part not guilty of Articles 70(1) and 69(2) of the Criminal Act, which is the crime of injury, on the premise that “the defendant abused the victim as stated in its reasoning and inflicted an injury requiring medical treatment for about 14 days.”

However, according to the record, the victim made a statement to the effect that "the defendant was extracted by her head or frighting by her head by her head or scaming and sealing his/her head by her scaming, and affixing his/her head by her scaming." In light of the circumstances where the defendant was scambling with another her body with his/her son at the time, the degree of assault by the defendant was so strong that the degree of assault by the defendant scamscam, etc. requires medical treatment for a period of 14 days."

In full view of the fact that there is a need for doubt, even if based on the content of the medical certificate of injury, the above evidence alone is insufficient to recognize the injury, and there is no other evidence to prove otherwise.

Therefore, this part of the facts charged constitutes a case where there is no proof of facts constituting a crime, so long as it is recognized that the defendant should be acquitted by the latter part of Article 325 of the Criminal Procedure Act, or that the defendant is guilty of assault in the judgment in relation to this crime.

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