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(영문) 청주지방법원 2018.12.12 2018고단1590

상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 2, 2018, the Defendant: (a) committed assault against the Defendant, who was a victim D (72 aged) who was a tenant of the said Ba, who was managing the said Ba in the front corridor B B B B B lending in the Seocho-gu, Cheongju-do; (b) dumping the door of the room and dump, dump, and dump, and dump the victim’s bump by hand.

2. On April 20, 2018, at around 19:55, the Defendant: (a) took a bath with the victim as a result of the termination of the lease agreement with the victim; (b) took a part of the victim’s face; (c) took a part of the victim’s face; (d) took part of the victim’s face; and (e) inflicted an injury on the victim in a non-fulcing frame that requires approximately four weeks of treatment.

[The defendant and his defense counsel asserted that the defendant only flapsed by the victim and did not inflict any injury as stated in the facts charged, but according to the victim's consistent statement in the investigative agency and this court, the victim's photograph, bodily injury diagnosis report, polygraph's results, etc., it is judged that the fact that the defendant inflicted any injury on the victim as stated in the facts charged was proved without any reasonable doubt)

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made in D in the protocol concerning the examination of the accused by the prosecution;

1. A protocol concerning the examination of suspects of D;

1. The case statement;

1. A medical certificate of injury (the investigation records No. 9 pages);

1. Polate replys from the results of polyffacy test;

1. A criminal investigation report (Attachment of suspect DNA treatment records to CDs);

1. Application of Acts and subordinate statutes to photographs (suspects D's subordinate photographs);

1. Relevant Article 257 of the Criminal Act, Articles 257 (1) and 260 (1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The fact that there are many criminal records of the same kind of sentencing in the main sentence of Article 186(1) of the Criminal Procedure Act, and the victim wants to punish the defendant.