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(영문) 춘천지방법원 원주지원 2013.11.28 2013고단364

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

On May 29, 2013, at around 15:30, the Defendant: (a) in front of the “F” restaurant operated by the victim E in the D market located in the Won-si, the Defendant: (b) took a dispute with the victim as to whether the building entrance of the said D market was open; (c) took the victim’s right shoulder by hand; (d) took the victim’s hand over his/her security clothes with his/her hand.

As a result, the Defendant got off the left-hand pelkes that require approximately eight weeks of medical treatment to the victim.

Summary of Evidence

1. The defendant's partial statement in court (a statement to the effect that the defendant is less ppuri than the victim in the course of performing guard duty at the time);

1. The full or partial statement of witness E and G (a statement, etc. to the effect that the defendant was left behind two meters away from the victim at the time);

1. The protocol of interrogation of some police officers against the defendant (a statement to the effect that the defendant was suffering from vision as a problem of opening the victim's door at the time, and that the victim was found to have fallen beyond the center of the victim since the victim's body became final and conclusive as he/she became the victim's body);

1. The police statement of H;

1. A written diagnosis of injury;

1. Six copies of a closure on the spot and CCTV images;

1. Application of Acts and subordinate statutes to CCTV screen images as a result of the reproduction thereof;

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

1. Article 62 (1) of the Criminal Act;

1. The defense counsel's assertion on the defense counsel under Article 62-2 of the Social Service Order Criminal Act asserts that the defendant's rooting of the victim constitutes a passive resistance and thus, illegal act.

However, in light of the background, form, and progress of physical fighting between the defendant and the victim, age and gender of the defendant and the victim, and the degree of injury of the victim, it is passive that the defendant spreads the victim with his or her own name.