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(영문) 대전지방법원 천안지원 2017.10.20 2017고정306
상해
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 30, 2016, around 06:50 on July 30, 2016, the Defendant discovered that the victim E ( South Korea, 32 years of age) was engaged in drinking by combining the Defendant, F, and the victim’s female-friendly G job offers with the seat of the Defendant, F, and the victim’s female-friendly G job offers, and found that the Defendant met the alcohol, “I are currently doing so.”

“Along with the sound, the Defendant committed assault, such as putting the head debt of the above F and selling the f head debt once a week, and the victim’s inside body part of the drinking house was sold once in opposition to this, and the facts charged were stated as “the victim’s inside body part of the drinking house was sold several times.” However, according to the evidence submitted by the prosecutor, such as the E’s statement and CCTV video, etc., it is recognized only that the inside body was sold once in consideration of the evidence submitted by the prosecutor, such as the E’s CCTV video, etc., so the said change is recognized to

Violenced.

Summary of Evidence

1. Each legal statement of witness E and H;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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 defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The defendant is not guilty of committing a crime against the victim.

B. Even if the Defendant had the victim at the time during the process of spreading the victim.

This constitutes a legitimate defense.

(c)

Defendant’s act of causing bodily harm to the victim

shall not be deemed to exist.

2. Determination

A. In full view of the following circumstances acknowledged by CCTV images, the victim and H’s statements, etc., as to the assertion that there was no fact at the time, the fact that the Defendant was the victim is sufficiently recognized.

Therefore, this part of the defendant's assertion is rejected.

1) Although the Defendant asserts that the victim was merely fluoring his head debt, considering the attitude, speed, direction, etc. of the Defendant’s arms as shown in CCTV images, the Defendant’s attitude is in mind.

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