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(영문) 춘천지방법원영월지원 2020.09.08 2020고단193
상해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 16:50 on September 24, 2019, the Defendant: (a) stated that the victim B (here, 65 years of age) was unable to repay the money borrowed from the Defendant’s mother’s mother; (b) that he/she was in dispute with the victim’s house in Gangwon-do; (c) that he/she expressed a desire to “at least 6......................., the victim followed the victim, following the scarf that he/she continued to walk at once after the scarf, while the victim was faced with the victim’s face, and knife due to the scarf’s shaf and the surrounding snow, and other scarfing, greing, grhe, etc., that he/she was in need of approximately 2 weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Application of the Acts and subordinate statutes to a death diagnosis report, CCTV image photograph, field photograph, and investigation report (the date and time of offense) to the victim;

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. Determination on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. There is no fact of assaulting the victim as stated in the summary of the allegations in the facts charged;

2. Relevant legal principles

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statements by taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is going to make a statement in the open court after being sworn before a judge, the appearance and appearance of the witness, and the penance of the statement, and the fact that the statements made by the witness, including the victim, are mutually consistent and consistent with the facts charged, and there is no credibility by objectively viewing that the statements made by the witness are objectively consistent and consistent with the facts charged.

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