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(영문) 대전지방법원 2015.09.16 2015고정444
상해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 1, 2015, the Defendant: (a) around 13:30, at the Daejeon Seo-gu C apartment, Dadong 403, and at the ward of Daejeon-gu, Daejeon-dong 403; (b) on the grounds that the Defendant resisted the Victim D’s wife E, the Defendant: (c) flapid each other; (d) 3-4 flapid the victim’s face; (e) flapid the victim’s face; and (e) continued to flapid the victim’s face that he was seated in front of the new cell; and (e) flapid the victim’s face that needs to be treated for about 22 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D and E (the defendant asserts that he did not assault the victim's face at least once, as stated in the facts constituting a crime, but it is believed that the witness D's statement is relatively consistent and specific to the investigation agency to this court, and the victim's photograph and E's statement on the day of the case taken by the police officer in the dispatch of this case also conform to the above statement, and it can be acknowledged that the victim was injured as stated in the facts constituting a crime in the judgment of the defendant)

1. Reporting on the occurrence of the initial measure (fence), reporting on investigation-A, D, or E accompanying pictures;

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

1. Article 334(1) of the Criminal Procedure Act provides that the injured party’s argument as to the assertion of the Defendant and the defense counsel is extremely minor and naturally cured, and the injured party does not constitute an injury. Meanwhile, the injured party expressed his/her intent not to punish him/her prior to the prosecution of the instant case by mutual consent with the Defendant. Thus, the prosecution for assault included in the facts charged of the injury should be dismissed.

Judgment

Witness

D In this Court, after the occurrence of the instant case, the hospital did not receive any specific treatment in addition to being issued a medical certificate at the hospital, and did not take medicine, and did not take medicine in daily life.

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