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(영문) 창원지방법원 통영지원 2016.01.04 2015고정409
폭력행위등처벌에관한법률위반(공동상해)
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

Criminal facts

The Defendant jointly with the accomplice C and his accomplice D (the above day of suspension of indictment) who is a neighboring resident. On June 14, 2014, around 21:30, at the entrance and the end of the front door of the defendant's house located in E at around 21:30 on June 14, 2014, the defendant f (the 43 years old), who resides in the adjoining area, and the defendant's mother who moved in his house at the beginning of the month, was frightly frighten in the process of demanding a change in the head house location, the defendant f (the fright, 43 years old) who was living in the adjoining area, and frightened in the process of demanding a change in the head house location. The defendant frightened the victim's fat and head flicking the victim into the floor, and fright the victim's two arms in combination with each other, and fright the victim's right to the right.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, G, H, I, J, and K;

1. Each legal statement of a witness, D and C in each part;

1. 112 Reporting case handling table;

1. Answer to a request to forward a medical certificate of injury or medical treatment details;

1. The Defendant and his defense counsel consistently denied the facts charged of the instant case since the investigative agency established to the extent that the Defendant did not have any dancing on the victim at the time of the instant case, and that the Defendant’s test result of the detection of false words and the testimony of witnesses L, C, and D conforms to this.

However, the following circumstances that can be acknowledged by comprehensively taking account of each of the above evidence, namely, ① the witness who is in a relatively objective position, other than the parties’ relatives, testified the facts of assault against the victim of the relevant conduct including the defendant, ② the witness in fact received a report and sent the victim to the hospital after being called up by 119; ③ it is difficult to think of the injury due to other room due to the injury of the victim of the previous stage of health after the dispute with the Defendant’s conduct, and ④ the Defendant’s relative.

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