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(영문) 창원지방법원 통영지원 2018.01.31 2017고단1152
특수상해
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 January 21, 2017, the Defendant was at contact with the victim C(45 years old) who was standing a vehicle at the front parking lot of 104-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

In front of the driver's length, the defendant started a car to the victim who was examining the part of the accident and followed the victim's left side with the front of the driver's seat.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

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

1. A report on the occurrence of violence;

1. On-site photographs;

1. 112 Reporting case handling table;

1. The medical certificate of diagnosis (the defendant and his defense counsel did not take the victim's birth, etc. with the wheels of the vehicle by moving the vehicle by the defendant, but did not have the victim's intentionally and did not have the victim's intention to commit violence against the defendant;

The argument is asserted.

The victim’s statement was relatively consistent from the point of this case to the present court. ② Even if based on the witness D, who was a police officer dispatched to the scene, the victim’s statement was in a situation where the victim’s qui of the Defendant’s vehicle and the ground were in a situation. ③ The Defendant was the victim’s qui to the vehicle.

In spite of the fact that the police did not look at the on-site situation of the vehicle (if the defendant's wife who was on the defendant's vehicle was sent to the police, only the vehicle was sent to the police), 4 The victim was sent to the defendant.

Since it seems that the police continued to maintain the attitude from the end to the end of the police, it is difficult to find out the motive for the victim to act in such a manner that it could have been easily discovered by the police, etc. in the event of putting it into the already parked vehicle, and ⑤ the Defendant visited the hospital on the day of the instant case and was diagnosed “on the left-hand side of the vehicle” (the injury of the crime of injury is an injury).

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