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(영문) 창원지방법원 통영지원 2014.05.02 2013고단992

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 19:40 on May 21, 2013, the Defendant: (a) reported the victim E (the aged 49) who was seated on the floor of C Apartment 103 Do 103 Do 101 Do 101 Do 101 and was drinking and frighting on the floor; (b) walked the victim’s left side side, walked one time to walk on the part of the victim with his arms, and cut the neck on four occasions by drinking.

As a result, the Defendant inflicted injury on the victim, such as getting the victim to undergo a re-building surgery under the general anesthesia for about 43 days, such as internal and floor frame.

Summary of Evidence

1. Witness E or F testimony;

1. Each police statement made to G, H and I;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The relevant provision of criminal facts, Article 257(1) of the Criminal Act, the judgment of the accused and the defense counsel's argument regarding the defendant's choice of imprisonment with prison labor and the defense counsel asserted that the defendant had fleded from the victim because he/she had no time to place the victim.

However, it is determined that the presumption of innocence under the Constitution of the defendant as to this part of the facts charged was broken by the following circumstances, which can be seen by the evidence duly examined by this court, including the above evidence, and the detailed reasons are as follows.

First of all, the victim reported and asked that the security guards who had been located in the management office 100 meters away from the front in his clothes. ② The victim's injury was a serious injury that requires medical treatment for about 43 days under the general anesthesia, which was the degree to conduct an operation under the general anesthesia. ③ The time when the defendant returned home is about 19:50 and the time he received a report from the police was about 20:05, ④ the emergency medical records of the Uniform Hospital at the New University, and the nursing records of the same hospital at the time of the first hospitalization.