beta
(영문) 수원지방법원 2017.09.28 2017고단3079

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 27, 2016, the Defendant inflicted injury on the victim, 2016. On the front of a bus stop in active service at the 311st century via the center of the Man-si Simban-ro 01, the Defendant, without any reason, committed an injury on the part of the victim C (57 tax) who was under the influence of alcohol in an influenced manner, such as cutting the frame of the outer reproduction that requires approximately six weeks of treatment, and closing the outer reproduction.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to C;

1. Investigation report (Submission of a medical certificate and opinion), diagnosis certificate, each entry/discharge certificate, and hospitalization certificate;

1. Determination as to the assertion by the Defendant and the victim of relevant CCTV CDs

1. The summary of the assertion is the fact that the defendant assaultss the victim, but there is no relationship between the victim's injury and the assault.

2. Comprehensively taking account of the following circumstances revealed by the evidence revealed prior to the determination, the causal relationship between the Defendant’s assault and the victim’s injury can be sufficiently recognized.

① According to the report on the occurrence of violence prepared by a police officer called up immediately after the victim’s report, the victim was unable to walk well at the time of leaving the taxi, was observed that the victim was faced with the hands, and the statement was prepared by both hands.

The victim seems to have a disability on the right bridge, which makes it impossible for the police station to immediately visit the left side of the bridge, and the police officer directly visited the house and received a written statement later.

② On the day of the victim’s assaulted by the Defendant, the victim was diagnosed by the Defendant as follows: (a) the closed flag of copying of the outer side; (b) flaging; (c) flaging; (d) flaging; kneeing; (c) kneeing; (d) kneeing; (e) kneeing; (e) flaging of the bridge; and (e) flaging of the first bones; and (e) flaging of the bones.

At that time, the victim got a fixed and fixed beverage and the right side side of the above hospital, which is now implemented.