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(영문) 수원지방법원 2019.06.11 2018고단7043

상해

Text

A defendant shall be punished by imprisonment for six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On November 12, 2018, the Defendant: (a) around 07:15, on the ground that the victim B (the age of 56) around his house located in Suwon-si C and the third floor had opened the door and requested the agreement amount to him; (b) on the other hand, the Defendant inflicted an injury on the victim who was in need of approximately 15 days of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The written diagnosis of injury [the defendant's defense counsel asserts that there is no causal relationship between the defendant's act and the victim's injury. According to the evidence duly adopted and examined by this court, the victim seems to have been in good condition, but the victim consistently stated that the abandoned infant was caused by the defendant's assault, and even if there is a possibility that the victim's spawn has partly influenced the occurrence or expansion of the injury, it is reasonable to view that the previous spawn situation has been aggravated by the defendant's act and brought about new result of the injury, in light of the degree of the assault or its part, etc., it is difficult to see that the causal relationship is severed since the previous spawn situation has been aggravated by the defendant's act.

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The crime of this case on the grounds of sentencing under Articles 32(1)3 and 25(3)3 (the scope of compensation is unclear) of the Act on Special Cases concerning the Promotion, etc. of Application for Compensation Order, Dismissal of Action, etc., is committed in relation to the case in which the defendant used violence against the victim in the past, when the victim requested payment of damages to the defendant in accordance with a final judgment, the defendant again assaulted the victim and inflicted an injury on the victim, and it is not appropriate to commit

In addition, the defendant committed the crime of this case without being aware of it during the period of suspension of execution for the same crime.