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(영문) 광주지방법원 2017.05.18 2016고단3087
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant on July 5, 2016 22:40 on July 5, 2016 "F" in the victim E indictment at the D main points located in Gwangju Mine-gu C is a clerical error.

In the bill of indictment, the victim's face is hyeed one time with a defect that intends to go out without paying this alcohol value, and the head kye and hye two times with his hair and hye, and the victim's face is hye and hyeing two weeks with approximately two weeks of treatment, and only "gye and hyeging around the snow," but according to the diagnosis of injury, only the "gye and hyeging around the snow" is written. However, according to the diagnosis of injury, it is deemed that there was an omission by mistake in entering the facts charged, so such correction by authority is made ex officio.

B. A.

Summary of Evidence

1. Legal statements of witness E, and partial statements of witness G;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. E statements;

1. A report on investigation;

1. In full view of the following facts and circumstances acknowledged by each of the above evidence, it is recognized that the defendant abusedd the victim even before the police is called out.

(1) There is a fact that a victim has been assaulted by the defendant before the police is called out consistently from the investigative agency to the court.

The victim's statement has been made, and the victim's legal statement has credibility in light of the victim's attitude and the process of cross-examination with the defendant.

② The investigation report prepared by the police officer dispatched to the site on the day of the instant case contains the Defendant’s statement that “The damaged person was identified as the Defendant who was seated in the table and became himself/herself at the time of his/her own time, and that “the victim ought to be seen at the time of his/her own time,” which is written by the Defendant.

③ The statement prepared by the injured party at H District on the day of the instant case at around 23:05, stating that “A defendant committed an assault on his hand before the police was dispatched.”

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