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(영문) 전주지방법원 2019.05.15 2018고단2238

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 of the final judgment.

Reasons

Punishment of the crime

At around 15:30 on March 25, 2018, the Defendant: (a) heard the sounds of trees that he drinks in the center for senior citizens from the victim E (the age of 79) in the center for senior citizens from the center for senior citizens, and suffered bodily injury, such as cutting down the body of the victim, and cutting down the victim’s neck on the flash by hand; and (b) sustained approximately 12 weeks of vertebrates that require the victim’s treatment.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statements made by witnesses B in the second protocol of the trial;

1. Each police interrogation protocol of the accused and E;

1. A medical certificate;

1. The application of Acts and subordinate statutes to the damaged part photograph (in this court, the flag was the first time that the Defendant and the victim fighting their body, and only the Defendant and the victim fighting their body by raising their hands on the shoulder, and the Defendant stated that the victim did not have any fingers or the victim did not sit, but it does not coincide with the victim's statement that the victim's fingers were the victim's fingers. However, there is no credibility in the statement because it does not coincide with the victim's statement that the victim was the victim's fingers);

1. Article 257(1) of the Criminal Act applicable to the crime, Article 257(1) of the choice of punishment, the choice of imprisonment [the defendant and his defense counsel] [the defendant's act and the victim's injury are asserted to have no causation between the defendant's act and the victim's injury, but according to each evidence revealed in the summary of evidence, the victim's injury can be acknowledged by the defendant's act. According to each reply to the Fa Hospital and the National Health Insurance Corporation to the submission order, the victim's injury is on credit and the victim's injury was not directly related to the above injury during the past

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. Dismissal of an application for compensation;