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(영문) 전주지방법원 2017.04.14 2017고정105
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 2, 2016, around 00:05, the Defendant became a vision for the following reasons: (a) on the front side of the victim E (43 years old) to deliver the instant food delivery on the way in front of the D restaurant located in Yansan-gu, Seoul Special Metropolitan City prior to North Korea on July 2, 2016: (b) on the ground that the Defendant was faced with the Defendant who was smoking tobacco outside, and did not subject to the apology.

The Defendant, “I”, “I wish to do so,” and “I am the victim’s head using a health boar in drinking, so I am the victim suffered bodily injury, such as dump dump, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution (including E statements);

1. Each protocol of suspect examination of the police against E or F;

1. Statement of the police statement related to G;

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

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel did not inflict any injury on the victim.

2. The written injury diagnosis submitted by the victim of the crime of injury in general after the doctor grasps the cause of the injury based on the victim's statement, and records the part and degree of the injury as observed and judged by mobilization of medical professional knowledge, and it is insufficient to be a direct evidence of the fact that the injury as stated above was caused by the criminal act of the defendant. However, if the date and time when the diagnosis of the injury occurred and the written injury diagnosis are close to the point and time when the injury occurred, and there is no reason to suspect the credibility in the process of issuing the written injury diagnosis, and if the part and degree of the injury as mentioned are consistent with the cause and circumstance of the injury claimed by the victim, the victim is subject to violence from the third party around that time.

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