(영문) 광주지방법원 해남지원 2018.11.15 2018고정63

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(영문) 광주지방법원 해남지원 2018.11.15 2018고정63

상해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 8, 2018, the Defendant, at around 17:50 on June 17, 2018, brought an injury on the part of the part of the left part of the victim, where it is impossible to accurately identify the number of days of treatment, while disputing with the victim D (57 aged) at the house of Jindo-gun B, Jindo-gun.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement of the witness C;

1. Each photograph;

1. Each investigation report [The defendant, while going beyond the defendant, did not shoulder his arms.]

However, in full view of the following facts recognized by the evidence duly adopted and investigated by this Court and the circumstances revealed therefrom, it can be sufficiently recognized that the Defendant inflicted an injury on the Defendant as stated in the judgment.

(1) A victim shall consistently conform to the facts charged from the date immediately after the case to the court of this case.

In particular, the victim stated that the police officer called up immediately after the case stated that "the defendant broken down the left side of the defendant", and the court also made the same statement after receiving a warning of perjury.

In a situation where there is clear evidence of the fact that the defendant committed violence to certain extent against the victim and is faced with the victim's arms, there is no discovery of any circumstance that could lead the victim to make a false statement about the attitude of assault and the punishment for perjury.

(2) A witness C’s statement about the circumstances before and after the judgment corresponds to the facts charged.

③ According to the images of the photograph taken by the victim’s upper part of the body, the body of the victim’s left part of the body is found to flow out with the upper part of the body.

It is not impossible to clearly confirm whether the above upper part was caused by the defendant's fluence due to the limitation of the fluence, etc. of photographs, and the direction of the upper part is a shoulder, and the upper part is relatively short.

유사 판례

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