(영문) 서울중앙지방법원 2012.10.08 2012고정3938

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(영문) 서울중앙지방법원 2012.10.08 2012고정3938

상해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On February 27, 2012, around 22:40 on February 27, 2012, the Defendant: (a) found the victim D (the 52-year old age) who walked on the road in front of the Seocho-gu Seoul cosmetic to have a luxa, but refused by the victim; (b) caused the victim’s breast part of the victim’s chest by his hand twice; (c) caused the victim’s fingers to prevent it; and (d) caused the victim’s injury, such as salt, tension, etc. for about two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D;

1. Statement to E by the police;

1. A report on dispatch to the scene of violence incidents;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 defense counsel's assertion on the claim of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act against the provisional payment order. The defendant and defense counsel argued to the effect that there was a little physical contact between the defendant and the defendant who prevented him from passing through the victim at the time of the instant case, but the victim did not suffer injury as stated in the judgment. However, considering the following circumstances acknowledged by the records of the instant case, it can be sufficiently recognized that the defendant suffered injury as stated in the judgment of the victim, and thus,

① The victim consistently stated that “at the time of the instant case, the Defendant prevented the Defendant from driving down his arms, and she pushed down the chest part of the chest with the rear stroker’s hand on two occasions, and caused bodily injury as stated in its reasoning, such as flaging a brue’s hand, and flaging the left-hand hand on the left-hand hand, and flaging it, and the Defendant reported to the police, and the Defendant reported it to the police.” However, the circumstances leading up to the statement are natural and specific, and the credibility of the statement is high.

② The instant case.

참조조문

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