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(영문) 대전지방법원 2016.12.09 2016고정501
상해
Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On September 16:21, 2015, while the defendant was passing through the Seo-gu Daejeon Construction Site, the defendant was unable to pass through the vehicle due to the scke-in work, and the victim D (60 years of age) who is a responsible manager at the construction site to treat civil petitions caused by the construction site while he was coming to the port of chemical B, and caused the victim's chest part on several occasions, and the victim's face was taken into consideration by drinking, and caused the victim's injury, such as the escape of the baby requiring four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D, E, F, and G;

1. Each police statement of E;

1. Damage photographs, on-site photographs, investigation reports (related to DNA on-site photographs), cut photographs, investigation reports (related to suspect DNA damage);

1. A written diagnosis of injury (D) is recognized that the defendant suffered an attack on each bridge by the victim's act. However, in light of the degree and form of the defendant's face and on the bridge, the defendant's face does not appear to have been affected by the attack from the victim by the cutting tool, a metal tool, in light of the degree and form of the attack. The defendant's act in the criminal facts constitutes an active attack rather than a passive defensive act, and it cannot be recognized that it is reasonable in light of the degree of the used violence or the contents of the injury, etc., and thus, it cannot be deemed as self-defense.) and the

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant also suffers an injury by the victim, the defendant appears to have caused an accident in the course of dispute with the victim by contingently: The degree of injury of the victim is heavy, the damage of the victim is not recovered, and the defendant's accident is not recovered, and it is unreasonable to close down the motor vehicle.

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