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(영문) 대전지방법원 2019.03.22 2018고단4334

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a de facto marital relationship with the victim B (n, 55 years old) and 13 years living together.

On November 23, 2018, at the defendant's house located in Daejeon Seo-gu, Daejeon around 19:00, the defendant said that "the victim was suffering from drinking or drinking alcohol," and that "the victim was suffering from drinking alcohol." In this regard, when drinking the face of the victim, the victim was put up to the floor, and again, the victim's face and body body was strokeed by drinking, and the victim was strokeed by hand.

계속하여 피고인은 피해자에게 “니년은 앞을 못봐야 한다.”라고 말하며 손으로 피해자의 눈을 찌르고 귀를 쑤셨으며, 주먹으로 피해자의 머리를 수회 때렸다.

As a result, the defendant added the victim's unclaimed face of treatment days to the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Protocol of the police statement concerning B;

1. On-site photographs, notification to the department related to the 112 Incident Report, and application of Acts and subordinate statutes in Chapter 1 of CD 1 of the suspect 112 Report;

1. Article 257 (1) of the Criminal Act applicable to the crimes. Article 257 (1) of the Criminal Act;

1. The defendant and defense counsel's assertion and judgment under Article 62 (1) of the Criminal Act

1. The victim shall not be injured or injured as described in the reasoning of the claim;

2. According to the evidence revealed earlier, at the time of being investigated by the police on November 23, 2018, the victim made a very detailed statement about the situation at the time of the investigation by the police on the day of the instant case, such as the background of assault by the defendant, the words and actions of the defendant, conversations exchanged with the victim, and the contents of the victim's injury caused by the defendant's act. It is recognized that the police was in contact with the mother of the victim who was asked for violence against the victim at the time of the dispatch of the police, and that the victim was requested by the defendant to open the door from the police officers dispatched, and that the victim was not opening the door for 15 minutes.