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(영문) 울산지방법원 2015.11.19 2014고단3901

상해

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, February 28, 2010, September 15, 2013, and July 27, 2014

Reasons

Punishment of the crime

On July 8, 2012, the Defendant, on the ground that the victim D drinking alcohol C 401 in Ulsan-gu, Ulsan-gu, No. 3401, 201, the Defendant inflicted injury upon the victim, namely, on the ground that the victim D drinking alcohol and delayed drinking, caused the victim’s left arms to be cut back and suffered from the string part of the arms.

Summary of Evidence

1. Partial statement of witness D;

1. Part of the statement made by the police about D;

1. A complaint;

1. Application of each fact-finding inquiry and reply statute;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 100,000 won a day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (not only once a fine is imposed, but also when considering the motive leading to the instant crime, and considering the victim’s wife, the defendant and his defense counsel’s defense counsel’s assertion against the defendant and his defense counsel during the marriage period are breading a victim who breads a bath or fright while under the influence of alcohol during the marriage.

Although vagabonds is less punished, it is argued that there is no use of all types of force to assault or injure them, such as facts charged.

2012. 7. 8.자 상해 부분에 관하여 보건대, 피해자는 경찰에서, ‘피고인이 피해자의 오른손을 꺾어서 몸을 밀면서 발로 찼다’(기록 18쪽), 2015. 3. 17. 증언에서도 ‘오른 팔 아랫부분에 타박상을 입었다’고 진술하였으나, 상해진단서에는 좌측 팔 타박상으로 기재되어 있고, 피해자 역시 2015. 10. 22. 증언에서 이를 번복한 점, 2015. 3. 17. 최초 증언에서 피해자는,'2012. 7. 8. 저녁에 피고인과 아이들과 함께 울산 남구 E 매장에 들러 물건을 샀고, 피고인이 약속이 있다고 외출을 하였다가 새벽에 들어와 폭행하였다,

Although it is not clear whether the preceding day is assaulted or not, it is clearly memoryd at 4 o's new walls.

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