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(영문) 수원지방법원 2015.06.10 2013고단5024

상해

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 became final and conclusive.

Reasons

Punishment of the crime

[2013 Highest 5024] From July 21, 2013 to July 20, 2013, the Defendant: (a) from around 01:00 on July 20, 2013 to around 02:00, the Defendant: (b) was suffering from an injury, such as light salt, etc. requiring four weeks of treatment to the victim when the Defendant was her face and knee kneb; and (c) was under the influence of the victim, on the ground that the victim was her drinking at the front 'Esper operated by the victim D (Ise, 59 years of age).

[207] From around 00:00 to around 02:00 on July 20, 2013, the Defendant received a maternity phone from the Defendant that the victim F (n, e.g., e., age 39) was faced by the Defendant, and reported to the police at the site, and reported it to the police on the ground that the Defendant’s escape was not prevented, and that the Defendant was walking away from the line of the victim’s head.

As a result, the Defendant inflicted an injury on the victim, such as salt pans, tensions, etc. in both sides of the shoulder that requires treatment for about two weeks.

Summary of Evidence

[2013 Highest 5024]

1. Statements made by witnesses D in the fifth trial records;

1. A bodily injury certificate, photograph, video CD (2014 highest 5007);

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to copies of the injury diagnosis report;

1. Relevant Article 257 (1) of the Criminal Act and the choice of imprisonment with labor for the crime;

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

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 62(1) of the suspended execution of the Criminal Act asserted to the effect that the illegality of each of the crimes of this case constitutes self-defense under the Criminal Act is excluded. However, in light of the circumstance and degree of the defendant's use of violence against the victims and the situation at the time, each of the acts of the defendant's judgment are reasonable to defend against unfair