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(영문) 수원지방법원 평택지원 2019.08.14 2019고단304

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant works at the same construction site as the victim B (the age of 49) and lives together in Pyeongtaek-si C Apartment D dormitory.

The Defendant stated in the written indictment between 00:06 and 00:45 on September 14, 2018 as “as of September 13, 2018.” However, according to the evidence, the Defendant appears to have ex officio made an obvious clerical error between 00:06 and 00:45 on September 14, 2018, as it appears that “as of September 14, 2018, from September 14, 2018 to September 14, 2018, the victim entered the dormitory,” and thus, the Defendant shall be corrected ex officio.

In the case of the above dormitory inside the victim said that the victim said that the victim “I am unlured to the ordinary hyn only,” the victim suffered injury on the part of the victim, i.e., the victim’s left face face at one time due to the right drinking, and the victim suffered injury for approximately eight weeks of medical treatment.

Summary of Evidence

1. Legal statement of the witness B;

1. Photographs of the injury of B;

1. Data to be investigated, such as a report on CCTV, and to cut CCTV images;

1. A medical certificate of injury or a medical advisory reply;

1. Determination on the Defendant’s assertion of the 112 Declaration

1. The alleged defendant asserts that the victim was pushed ahead of himself/herself by entering his/her room and about to see his/her side, and that there is no fact about the victim's face.

2. In full view of the following circumstances revealed by the evidence as seen earlier, the fact that the Defendant had inflicted an injury on the victim by considering the victim’s injury is recognized.

① Before the instant case occurs, the victim was able to spawn three bottles, and returned to a boarding house at around 00:06 September 14, 2018.

The apartment security guards of this case informed the victim of the common entrance entrance in the city under the influence of alcohol, but at that time the victim was in the state of not being able to do so.

② After September 14, 2018, around 00:45, the victim called the victim's room out of the accommodation and the guard room out of the accommodation, and the victim's 119 report. Around 00:45, the security guards reported to 119 and dispatched the first-aid unit.

(3) According to the 119 emergency medical service log, the accused shall last.