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(영문) 서울중앙지방법원 2018.04.26 2017고단5860

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on May 12, 2017, the Defendant, with knowledge of the fact that the Victim F (29 years of age) entered the her mother and child-friendly recruitment G in front of the “Eel” located in Gangnam-gu Seoul Metropolitan Government D, was injured by the Defendant’s injury to the left-hand side of the victim and the marization of 56 days of treatment by making it possible for the victim to take care of the face of the victim by hand and drinking.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement of the witness F and G in the second public trial record;

1. A protocol concerning the examination of suspect with respect to F (including the G substitute part);

1. Statement made by the police with regard to F;

1. Complaint;

1. Recording records;

1. A written reply to inquiries about each fact made to the upper white hospital at the human university and the Seoul Regional Headquarters of the National Health Insurance Corporation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense. Article 257 (1) of the said Act (Selection of Punishment of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. Although the defendant's assertion was made by the victim's hand floor several times, it is not easy to see the body of the victim's eye with drinking, and it is not related to the person who suffers from her loss and the body of the victim.

2. In full view of the following circumstances acknowledged by the evidence duly examined by this court, the defendant can be found to have inflicted an injury upon the victim's face by drinking, and thus, the defendant's above assertion is not acceptable.

① On May 12, 2017, the day of the instant case, the victim was unilaterally assaulted by the Defendant on May 12, 2017, around 02:00 on the same day, and was diagnosed to escape inside the left-hand side, the floor wave frame, and the inner and inner tissues at the Indones Hospital at the Indones Hospital at Seoul Medical Center at around 09:00 on the same day, and undergone a surgery on the 19th day of the same month. The medical doctor who treated the Defendant was able to dively frightly dumped, and he was bucked with the string of the snow at the time of surgery.