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(영문) 제주지방법원 2018.07.20 2017고정685
상해
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B are residing in the same apartment complex.

On April 5, 2017, the Defendant turned on the Defendant’s vehicle at the front parking lot located in Seopo-si D 7-8 D, Seopo-si on April 5, 2017, on the ground that Lart of the vehicle runs inside the victim’s house, and became a vision with the victim on the ground that Lart of the vehicle runs away from the victim’s house, and made one time to see the right side of the chest and left part of B by drinking, and made the hand to tear.

As a result, the defendant set the victim's top above the left side, the upper part of the left part, the upper part of the upper part of the left part, the inner part of the mouth, the inner part of the right side, and the upper part of the right side.

Summary of Evidence

1. Each legal statement of witness E and B;

1. A medical certificate of injury (B), a medical certificate (B, 53 pages of evidence);

1. Each damaged photograph (the defendant and his/her defense counsel stated that the defendant carried the victim's own arms with flabbbage, and carried the victim's left hand into the part of the victim's left hand in the course of outside the part of the victim's left hand, and did not assault the victim;

However, according to the evidence of the court below, the defendant and the victim assaulted the victim as stated in its judgment in the process of breathing and spathing with each other and resulting in the victim's injury as stated in its reasoning.

[Determination]

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. 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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