(영문) 대전지방법원 2012.10.18 2012고정82

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(영문) 대전지방법원 2012.10.18 2012고정82

상해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On August 17, 2011, around 04:30 on August 17, 201, at the entrance of the first floor of the Seo-gu Daejeon Daejeon Building C, the Defendant sent the victim D (the age of 21) who worked as a cook from Lestoc operated by himself/herself as a matter of overdue wages, and had the victim's face, clothes, etc. due to drinking and boom while talking about the problem.

As a result, the Defendant committed a non-felination that requires approximately two weeks of treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Partial statement of the witness F in the court;

1. A photograph of the victim's body;

1. The Defendant and his defense counsel’s argument regarding the injury diagnosis letter, etc.: (a) the Defendant and his defense counsel first flicked the victim’s grandchildren to avoid violence by forceing violence, such as flicking the victim, etc.; and (b) the Defendant, as stated in the facts charged, took off the victim’s grandchildren and flicking; and (c) the Defendant, as stated in the facts charged, did not have any violence or injury, denied the crime.

The main evidence supporting the facts charged in the instant case is the victim's statement. The victim's statement is consistently made in the police and this court, such as the facts charged, and the content is not only specific, but also inconsistent with the statement itself. In light of the fact that there is no motive or reason to make a false statement, the victim's statement is credibility.

In addition, after committing a crime that is recognized by E's statement and part of F's statement in the scene of crime, each statement in the response to the circumstances, the images of the victim's body photograph, the injury diagnosis report to the victim, and the fact inquiry report are supported by the credibility of the victim's statement.

In the end, according to the above evidence, including the victim's statement, it can be sufficiently recognized that the victim suffered bodily injury as stated in the judgment of the defendant.

Therefore, it is true.

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