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(영문) 대구지방법원 2014.06.20 2014고단580

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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 12:50 on October 14, 2013, the Defendant: (a) at the waiting room of a golf course driver located in the Cheongdo-gun, Cheongdo-gun, Cheongdo-do-si; (b) while working in the waiting room for the same driver E (70 years of age) and television sound, the Defendant laid down the victim’s chest two times with a stick located therein; (c) opened the victim’s clothes over the bridge of the victim barring the above stick; and (d) opened the victim’s clothes over the drinking and sprink, the Defendant inflicted an injury on the victim, such as drinking and spkeing the left-hand ring in need of medical treatment for about six weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement concerning E and F;

1. Part of the police statement to A;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of an injury, an investigation report (as to the dispatch to the site), an investigation report ( as to the verification of injury in the E), a general medical certificate, a medical certificate of injury, and a general medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant and his defense counsel regarding the argument of the defendant under Article 62-2 of the Social Service Order Act and his defense counsel argued that the defendant did not inflict any injury on the victim by assaulting the victim with stick, as shown in the facts charged, and that the victim goes beyond her self-confising by using the stick and the defendant using the stick, but the following circumstances acknowledged by the evidence mentioned above, the victim made a concrete and consistent statement as to the core part of the crime, such as the circumstance and method of assaulting the defendant from the investigative agency to this court, and the circumstances after the assaulting the defendant, etc., and the victim puts stick to the place where the crime was committed after the crime was committed.