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(영문) 창원지방법원 거창지원 2015.06.10 2014고단379

상해등

Text

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

Reasons

Punishment of the crime

[2014 Highest 379]

1. Violence against C, or injury against D;

A. On May 31, 2014, around 18:10 on May 31, 2014, the Defendant used the victim’s left face by drinking to the right side of the victim on the ground that the victim C(19 years of age) was not able to go to a capital warehouse.” However, the Defendant assaulted the victim at one time on the part of the victim’s left face on the ground that the victim did not hear the horses.

(1) In light of the following: (a) the statement that the victim was consistently abused; and (b) the police and the prosecutor’s office stated that “the victim was frighted to the left hand and was immediately detached; and (c) the victim’s statement was partially consistent with the victim,” the credibility is recognized in the statement of the victim. Accordingly, the fact that the victim committed an assault, such as the written judgment, can be recognized)

B. The Defendant, at the time, at a place under the above paragraph (a) above, inflicted injury on the victim by drinking on the right side of the victim, on the ground that the victim D (n, 23 years of age) sees “nick and dysn, dysn,” making the victim’s left face one time, and in the process of blocking the Defendant from entering the house with the victim who did not come into the house, thereby making the victim’s body knife the victim’s body by hand for about three weeks.

(A) In light of the following: (a) the victim stated that he had consistently talked about the circumstances at the time; (b) the F having arrived at the scene immediately following the witness’s testimony corresponds to the victim’s statement; and (c) the police’s report at the time when the victim’s report leads to the victim’s statement; and (d) the circumstances in which the police called out by the victim’s report at that time, credibility is recognized in the victim’s and F’s statement.

2. On May 21, 2014, the Defendant and the Victim C (the 19-year-old age) in a “H restaurant” located in G in Chungcheongnam-gun, Chungcheongnam-gun around 20:00 on May 21, 2014.