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(영문) 춘천지방법원 2017.10.16 2017고단253

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

around 13:30 on October 7, 2016, the Defendant: (a) was waiting to receive a service-friendly education for restaurant operators in the 71-in-house comprehensive culture center in Yancheon-gun, Gangwon-do; (b) on the ground that the victim C (57 years old) was reported to the Defendant at the end, the Defendant suffered injury, such as a spathal, etc. of the infant requiring approximately four weeks of treatment on the left side of the victim, on the ground that the victim C (57 years old) was reported to the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of witnesses of this court as to C;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes on the diagnosis of an injury, photographs of damaged parts, diagnosis certificates, and field photographs;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's assertion on the defendant's assertion of Article 62-2 of the Social Service Order Criminal Act is acknowledged, but it cannot be recognized that the victim was injured by his/her assault.

In light of the evidence of the judgment, the part of the injury is sufficiently recognized in light of the following facts: (a) the defendant was at the time of the victim's her breath body; (b) the victim was at the time of the victim's her breathal body; (c) the victim was at the time of the victim's her spathal of her face; (d) the victim was at the time of the victim's spathal of her face; (e) the 1 Daegu on the left-hand side of the spathal body among the spathal children; and (e) the victim did not have any other reason for the victim being injured in addition to

On the other hand, according to the statement of a reply to the fact-finding statement by the head of the Gancheon-Sacheon Hospital, Daegu on the left-hand side of the Nancheon-si University is recognized as having existed with chronic infection, and even if there was no Defendant’s assault, it was ultimately necessary to do so.

However, based on the above evidence and the evidence of the ruling.