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(영문) 대전지방법원 2015.09.30 2015고정274
상해
Text

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

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

Reasons

Punishment of the crime

On January 29, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of intimidation at the Daejeon District Court on June 2015, and that judgment became final and conclusive on February 6, 2015.

On May 24, 2014, at around 17:30, the Defendant: (a) taken flab from the victim D (here, 67 years of age) who had livedd for a long time in his/her own residence, Daejeon Seo-gu C Apartment 105 602, Daejeon, Daejeon, and had flabbbaged from the victim D (the 67 years of age), and had the victim go beyond the bottom of the victim by blabbbing the victim with his/her finger hand, and went the victim over the floor, thereby making it necessary for the victim to receive approximately 42-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A report, an investigation report, and an investigation report (related to the date of occurrence of the case, etc.);

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

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The defendant and his/her defense counsel's assertion on the claim of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that although the defendant had flobbbling from the victim and flobing them into two arms at the defense level, they did not inflict any injury by spreading the victim over the victim as stated in the facts charged.

The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the victim made a consistent statement from the investigative agency to the investigation agency to the court that the victim was pushed down with the victim's long time, and the police officer dispatched at the time of the instant case also believed the victim's statement to be consistent with the victim's statement, and the victim received medical treatment at the hospital immediately after the instant crime was committed, and the victim's name and the victim's injury as stated in the injury diagnosis statement correspond to the victim's statement.

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