beta
(영문) 청주지방법원 제천지원 2015.01.15 2014고단225

상해

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 22, 2013, Defendant A: (a) around 21:30 on December 22, 2013, on the ground that the card accounting was not made at the “F located in Incheon City E”; (b) Defendant A was unable to make a disturbance by taking the business owner G and his employees H with a highness and desire; and (c) Defendant A, the main customer, expressed that the victim I (the age of 48) would be “bruptly different”; and (d) gave and dispute with the victim.”

피고인은 위 주점 내 출입문 근처 테이블 옆에서 발로 피해자의 왼쪽 다리 부위를 1회 걷어 차 피해자를 넘어뜨려 검사는 폭행의 태양에 관하여, 피고인 발로 피해자의 왼쪽 다리 부위를 걷어 차 넘어뜨린 후, 출입문 밖에서 다시 발로 피해자의 다리 부위를 1회 걷어찼다는 공소사실로 기소하였으나, 피해자 I, 목격자 J의 진술에 의하더라도 출입문 밖에서 다리를 걷어 찬 사실은 없다는 것이어서, 제출된 증거만으로는 위 공소사실을 인정하기에 부족하고 달리 이를 인정할 증거가 없다.

The victim suffered bodily injury such as 12 weeks of medical treatment.

2. Defendant B

A. The Defendant, the birth of the injured A, within the main point of time set forth in Paragraph (1) above, resisted the Victim J (59 years of age)’s act of assault against A, and the Defendant resisted against the Defendant to the main point of view, and subsequently, when the Defendant took one time out the part of the victim’s left body with the victim’s own drinking, the prosecutor indicted the Defendant of the form of assault, as to the form of assault, that the Defendant again satisfed the victim’s satisfe at the victim’s satch after the Defendant satisfe the victim’s satfe at the victim’s satch. However, even based on the victim’s self-satch, witness G, and H’s statement, it cannot be known that the Defendant was the same with the victim, and whether the Defendant intentionally broken out the satfe that the Defendant had intentionally broken out the victim, and there is insufficient evidence to acknowledge this otherwise.