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(영문) 수원지방법원 성남지원 2016.05.11 2016고단69
상해
Text

Defendant

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

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A around December 30, 2014, around 21:50, 21:50 on the front of the Sungnam-si, Sungnam-si, Seoul Special Metropolitan City E, to get a victim B (42 ) to board the F taxi that is driven by the victim B (42). However, the victim followed the said taxi while driving the taxi without fixing the taxi.

Since then, the above defendants opened the front door of the above taxi and boarded the above taxi, and the victim gets out of the driver's seat and moved to the front door and demanded the above defendant to get out of the above taxi, and the above defendant, when the above defendant was able to get out of the clothes of the above defendant, was pushed out by two hands, and the above defendant got out of the victim.

As a result, the above defendant suffered injury, such as the 1, 2, and 3-day crossing of the left side, which requires approximately 6 weeks of treatment.

Summary of Evidence

1. Each legal statement of witness B and G;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement made by the police against B;

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

1. Relevant Article 257(1) of the Criminal Act regarding criminal facts, selection of fines (Defendant A and his/her defense counsel asserts that there is no fact that Defendant A did not interfere with the victim.

According to the evidence duly adopted and examined by the court, the above defendant's statements are somewhat inconsistent with the victim and witness G as to whether he was pushed the victim when he was pushed out of the taxi. However, considering the fact that the date and time of the crime in this case is night and net crimes can differ from the degree of memory or awareness, it is reasonable to view that the crime in this case where the victim's statement was made in conformity with both the victim and G was proved.

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged is Defendant B.

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