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(영문) 대전지방법원 서산지원 2015.05.14 2014고단857

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2014, at around 13:30, the Defendant found a victim G (n, 47 years of age) who is a folder in the “F restaurant” operated by the Defendant at the E bathing beach located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant “I am about why I am about I am? I am about I am? I am am? I am am about I am? I am am am, and I am the victim’s chest with a hand, so I am am together with the victim’s eye, so I am about 56 days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a copy of a certificate of medical records of a victim), investigation report (Submission of an additional medical certificate);

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

1. Article 62 (1) of the Criminal Act;

1. The defendant asserts that there is no causation between the victim's chest and the defendant's injury and the defendant's act, since the defendant did not know about the victim's chest, and himself was only disfasible with the victim's hair part by hand.

The following facts acknowledged based on the evidence revealed as follows: (i) the victim consistently stated from the investigative agency to the court that the victim was injured by the police at the time of the instant case on August 24, 2014; (ii) the victim made a statement that he/she was faced with his/her face by drinking himself/herself; (iii) the victim also made a statement that he/she was faced with his/her face by pushing himself/herself with his/her head several times; and (iv) the defendant or witness H expressed that he/she was faced with his/her eye by hand after the defendant was sealed with his/her face; and (v) the victim reported that he/she was injured by the police at the time of the instant case; and (v) the emergency room at the Acheon-ro Hospital around 22:40 on August 24, 2014 on the day of the instant case.