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(영문) 서울남부지방법원 2012.09.14 2012고합349

중상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around 18:00 on April 30, 2012, the Defendant, while drinking alcohol with D Apartment 102, Dong-gu Seoul Metropolitan Government D Apartment 102, E, F, etc., expressed that the victim G (the age of 67) would be able to influence the Defendant’s head at “the Defendant’s heart” and “the Defendant’s head,” and the victim’s face would be faced with the victim’s head at the concrete floor at the same place.

Ultimately, when the victim faces the victim's face as such, the defendant suffered from injury to the victim, such as the inner part where the number of medical treatment days cannot be known, and thereby, the victim lost his mind and caused the victim to suffer from satisfeing the head on the head part of the victim's head while faced with his head, causing the victim's danger to the victim's life.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Each police statement to I and E;

1. A written diagnosis of injury;

1. First-aid areas;

1. Application of Acts and subordinate statutes to each investigation report (in relation to the submission of a medical certificate of injury, the status of a victim, any resident investigation, record recording of H telephone statement, a statement of intention second opinion, etc.);

1. Determination as to the assertion of the defendant and his/her defense counsel under Article 258 (1) of the Criminal Code of the relevant criminal facts

1. Summary of the assertion

A. The defendant only carried the victim's chest as his hand and did not inflict an injury upon the victim's face by drinking as stated in the judgment.

(b) The act of the defendant could not have predicted that the victim would have been suffering from an external wound sofaculation, etc.

2. Determination

A. We examine whether the victim's face was injured by drinking the victim's face, and the following circumstances acknowledged by the evidence of each judgment, i.e., H, from the investigative agency to this court, the victim was followed by the victim when the defendant took the victim's face.