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(영문) 전주지방법원 2017.02.24 2016고정741
상해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 20, 2016, the Defendant: (a) around 16:00, to the victim E (78 years old) at the D Village located in the former North Korea-gun on May 20, 2016, “Is the country’s fegument between military personnel and the State’s money.”

In the course of the dispute with the victim, the victim's face was taken several times and the victim's face was cut off for about four weeks, and it was necessary to receive approximately four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police statement made to E and F;

1. A medical certificate or an injury medical certificate;

1. Application of Acts and subordinate statutes to an investigation report (the confirmation and photographing of the damage level, the suspect telephone call case, the phone visit related to A house visit, the G Council head H and office call case, the I dental clinic head, the I dental clinic case, the I dental clinic-related rate of the name of the crime, the victim's delayed disability status, and the bereaved family members of the State's distinguished service to the State);

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel did not inflict any injury on the victim.

2. The written injury diagnosis submitted by the victim of the crime of bodily injury generally grasps the cause of the injury based on the victim's statement, and records the part and degree of the injury as observed and judged by mobilization of medical professional knowledge, and it is insufficient to directly prove the fact that the injury as stated above was caused by the Defendant's criminal act. However, if the date and time of the diagnosis as to the injury is close to the point and time of the occurrence of the injury, and there is no reason to suspect the credibility in the process of the issuance of the written injury diagnosis, and if the part and degree of the injury as mentioned are consistent with the cause and circumstance of the injury claimed by the victim, the injured person around that time.

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