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(영문) 광주지방법원 2016.10.06 2016고단384

상해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 09:00 on December 11, 2015, the Defendant: (a) heard that the victim E (the age of 81) was engaged in an scaming work in the scam paddy field located in Do, Jeonnam-si; (b) the Defendant her husband of the Defendant, who died from the victim during the dispute with the victim who scambling, scamd with the victim, scamhed the victim’s scam, and scamhed the victim’s scam, and scamhed the victim’s scamhy. The Defendant scamheded the victim’s scamhy, scamhing the victim’s hand, scambling the victim’s hand, and scambling the victim’s scambling to the upper part, and scamhed the victim’s 12-day therapy.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness E and each legal statement of the witness F and G (alias H);

1. Partial statement of the defendant in the suspect examination protocol against the defendant;

1. Investigation report (as regards reference witnesses, H, J, and F’s statement), investigation report (as regards shots H and telephone conversations);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Grounds for conviction and sentencing under Article 62 (1) of the Criminal Act;

1. Reasons for conviction;

A. Despite the age of the victim, the victim consistently stated in police statements and legal testimony that he/she suffered bodily injury from the Defendant due to the same circumstance as the stated in the facts charged of this case, but consistently recognizes the circumstances of the occurrence of the case as well as the statements that may be disadvantageous to the victim himself/herself.

B. On the other hand, it is difficult to view that the Defendant’s statement is highly reliable in light of the following circumstances.

① The Defendant was investigated by the police on December 27, 2015, and was under investigation on December 27, 2015, and the Defendant did not have a dance on his body at the time of the instant case.