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(영문) 의정부지방법원 2019.11.29 2019고단2354

폭행치상

Text

A defendant shall be punished by imprisonment for six 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 November 18, 2018, the Defendant: (a) around 00:05, at the street B, and around 00:05, on the ground that C residing in adjoining area had shocked the parked vehicle of D, the Defendant: (b) brought a dispute between E, victim F (ma, 42 years of age) and Si expenses; (c) the victim F, while taking a bath to the Defendant, took the face of the said victim as he would bring the victim, and (d) f, took the face of the said victim into consideration, and (e) f, took the part under the shoulder by an influencing method, she suffered injury, such as a right-hand dog that requires treatment for about 56 days, to the victim.

Summary of Evidence

1. Partial statement of the defendant's witness G with some legal statement;

1. Police suspect interrogation protocol regarding E;

1. The protocol of statement by the police of the F and C by each police officer G;

1. 112 reported case handling table;

1. A report on internal investigation (Attachment to the F medical certificate of injury);

1. A written diagnosis of injury;

1. A written confirmation of operation;

1. A copy of medical records;

1. Application of Acts and subordinate statutes on investigation reports (CCTV analysis);

1. Relevant Article of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. The fact that the defendant alleged to judge the defendant's assertion of the right to request community service and lecture attendance order under Article 62-2 of the Criminal Act, and the defense counsel was at the victim's face, but he was not drinking, and the victim's right shoulder and elbow joints did not go beyond the victim's face or go beyond the victim's face.

The escape of the victim's shoulder is due to habitive stimulsion, and it does not have to be liable to the defendant.

2. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, the court below did not have reasonable doubt that the Defendant, as stated in the facts charged, assaulted the victim and inflicted bodily injury on the right shoulder, etc. for 56 days in need of medical treatment.

. Defendant and defense counsel;