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(영문) 수원지방법원 안양지원 2013.10.17 2013고정389
상해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

피고인은 2012. 9. 2. 14:00경 안양시 만안구 C에 있는 D중학교 운동장에서 축구경기를 하다가 상대편인 피해자 E(46세)에게 태클을 심하게 걸었고, 이에 피해자가 피고인에게 “에이 씨, 콱 때려 불라!”라고 말하자 화가 나, 주먹으로 피해자의 얼굴을 1회 때려 피해자에게 약 4주간의 치료를 요하는 폐쇄성 관골궁 골절 등을 가하였다.

Summary of Evidence

1. Partial statement of the witness F in the court;

1. The entry of witness E in the third protocol of trial;

1. The entry of witness G part of the third protocol of trial;

1. The police statement of H;

1. Investigation report (international telephone investigation of witnesses);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. The defendant and his defense counsel asserted on the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserted that the defendant and defense counsel shown their actions that the defendant want to mislead the victim E, and that there is no time to do so.

However, according to the records, ① the victim consistently stated that the victim had the face value of the victim because the victim was frighted with the victim by leaving her face from the investigation stage to this court, ② even based on G and F’s statement in that place, the defendant appeared to have been frighted at least when she was frighted to drinking to the victim (G was present as a witness on the third trial date, and the F in a friendly relationship with the defendant was also present at this court and the defendant was fright to drinking. The defendant was also present at this court and the defendant was fright to take the fright to drinking. The victim was fright to take the fright to take the fright to take the fright to take the fright to take the fright to take the fright to take the fright to take the fright to take the fright to take the fright to take the fright to the victim.

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