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(영문) 광주지방법원 2018.06.14 2017고단4946

폭행치상

Text

A defendant shall be punished by imprisonment for six 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 March 24, 2017, the Defendant was sentenced to imprisonment for six months with prison labor for injury at the Gwangju District Court, and on April 1, 2017, the said judgment became final and conclusive.

At around 19:00 on November 15, 2016, the Defendant sought D’s loan of KRW 10 million from C with E, F, and D (hereinafter “Defendant’s daily act”) to receive a return, and had a verbal dispute with the victim in E, F, and D (hereinafter “Defendant’s daily act”). After reporting to the police, the victim reported the Defendant’s daily act to the police, the Defendant was assaulted by cutting off the victim’s body, cutting down the victim’s body, and pushed down the victim’s body, and suffered injury, such as cutting down the string of the 4-day fright to undergo the Defendant’s medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Partial statement of the witness C;

1. Each part of the statements in E, F, D, or C among the suspect interrogation records for E, F, or D by the prosecution;

1. A report on investigation (Submission of a written additional diagnosis by a victim);

1. Before the judgment: A copy of the text of the judgment of the Gwangju District Court 2016 order 5419 (the defendant had no physical contact with the victim in this court) and inquiry about criminal history, investigation report (the confirmation of the result of the disposition of the case and the attachment of the text of the judgment), one copy of the summary information inquiry, and one copy of the judgment of the Gwangju District Court 20

Although the defendant asserts the facts charged, there is a fact that the prosecution leads to E and the victim's body was pushed down.

The statement is stated (289-291). As to the facts of the Defendant’s assault, the victim’s statement and the Defendant’s statement are consistent with the victim’s statement about the above facts of assault (the difference between these statements is whether or not the Defendant followed E, and whether or not the Defendant is closely related with the victim, or whether or not the Defendant is closely related with the victim, at the same time with the male person during the Defendant’s work, and the above argument is not accepted). Thus, the application of the law is not accepted.

1. Article 262 of the Criminal Act applicable to the crime and Articles 262 and 260 of the Criminal Act of the choice of punishment