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(영문) 대전지방법원 2017.03.31 2016고정486

상해등

Text

The defendant shall be exempted from punishment.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On March 8, 2017, the Defendant was sentenced to 8 years of imprisonment with prison labor and 2 years of suspended execution at Daejeon District Court on March 8, 2017, and such judgment became final and conclusive on March 16, 2017.

On December 18, 2015, the Defendant: (a) sold the victim E (in South, 45 years of age) at the “D” dormitory parking lot operated by the Defendant located in Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, on the ground that he parked for about two weeks, and (b) sold two times the victim’s left chest, and (c) sold two times the victim’s chests to the victim, and (d) put the victim into a tension and tension with the bones of the neck, which requires approximately two weeks of treatment.

Summary of Evidence

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

1. Legal statement of witness F;

1. E statements;

1. A written diagnosis of injury;

1. Previous convictions: Application of the text of judgment and the statute governing the search output of case;

1. Relevant legal provisions concerning criminal facts and Article 257 (1) of the Criminal Act that choose a penalty;

1. Determination as to the assertion by the accused and the defense counsel under Article 37 of the Criminal Act, provided that Article 39(1) of the Criminal Act (see, e.g., the degree of damage and the equity between the accused and the final and conclusive judgment entered in the ruling of the suspension of execution of imprisonment with prison labor)

1. Although the alleged defendant is a civilian of the victim E at one time, the defendant does not commit an injury by assaulting the victim as stated in the facts charged of this case.

2. According to the reasoning of the judgment, the following circumstances are acknowledged: (a) the victim prepared a written statement to the effect that “the defendant assaulted him/her once on the ground of his/her illegal spirits, and prices his/her breast at two times along with his/her bath,” and (b) the witness F, a witness of this court, made the above defendant several times in this court, and made a statement corresponding to the above victim’s statement because he/she was the defendant as himself/herself, and the witness F, a witness of this court, made a statement consistent with the above victim’s statement. The above F dismissed him/herself as follows.