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(영문) 대구지방법원 포항지원 2015.06.18 2014고단1383

상해

Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 23:40 on October 20, 2014, the Defendant, under the influence of alcohol in front of the main point of “D” located in Nam-gu, Nam-gu, Sinpo-si, and disputed with the victim E (59 years of age) and Si expenses. On one occasion, the Defendant, who continued to go beyond the victim’s face, was humping the face of the victim one time by drinking the victim, and humbing the chest back to the second floor of the vehicle, and humbing the body of the victim going beyond the upper floor of the vehicle, and humbling the body of the victim over 28 days in need of medical treatment, thereby causing injury to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F (in the case of witness E, the part thereof);

1. The police statement concerning F;

1. Investigation report (related to attachment of the report on injury to the Association and the statement of intention);

1. Determination on the assertion of self-defense by the victim and the defendant of the suspect photograph

1. Although the alleged defendant has abused a part of the victim, he/she is deemed self-defense.

2. In a case where it is reasonable to view that the perpetrator’s act was satisfyed with one another’s intent of attack rather than with a view to defending an unfair attack committed by the victim, and that the perpetrator was satisfyed against the attack, the harmful act has the character as an act of attack at the same time as an act of attack, and thus cannot

(1) In light of the following circumstances, it is reasonable to view that the Defendant committed assault and inflict bodily injury on a victim while harming the victim by committing an attack with an investigative agency and by using a statement or a statement made by the investigative agency and this court, in light of the following circumstances:

① The Defendant and the victim were assaulted by each other in the state of garrising, and even if the Defendant cannot be said to be a unilateral one, the victim seems to be more likely to be more likely.

(2) Fightings began in the vicinity of India, but the victim is pushed ahead with the power to the inside of the roadway.