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(영문) 수원지방법원 2017.05.11 2016고정2828
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

The defendant and the victim C are engaged in construction work at the construction site of the Suwon District Court.

피고인은 2016. 9. 6. 11:00 경 수원시 영통 구 하동 991에 있는 수원법원종합청사 신축 현장 지하 1 층에서 피해자의 폭행에 대항하여 손으로 피해자의 멱살을 잡고 발로 피해자의 발을 걸어 바닥에 넘어뜨려 공소사실에는 ‘ 피고인이 무릎으로 피해자의 가슴을 때리고, 발로 피해자의 옆구리를 찼다’ 는 것도 폭행의 행위 태양으로 기재되어 있다.

However, in full view of the facts from the investigative agency to this court, the Defendant alleged from knee that “the victim’s chest was frightened and frightened. However, there was no supporting fact of the victim’s side satisfe due to kneeing the victim’s chest,” and the witness D stated that “the Defendant was satisfe by leaving around the victim’s bridge beyond the victim’s bridge and satisfing the victim’s bridge,” and that D stated that “the Defendant was present as a witness and stated to the effect that “the Defendant was satisfing the victim, and the Defendant was unable to sat down the victim due to satch,” the victim’s statement appears to have been partially distorted, and it is difficult to believe it as it is in light of the victim’s legal statement attitude.”

Therefore, the above part is not recognized as the attitude of assault by the defendant.

The victim suffered an injury to the 1 cage cage cage cage cage cage cage cage cage cage cages in need of approximately four weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. A report on investigation (on-site search and investigation of witnesses);

1. Application of Acts and subordinate statutes on diagnosis of injury, damage photographs;

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. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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