(영문) 수원지방법원 성남지원 2017.12.08 2017고단1754

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(영문) 수원지방법원 성남지원 2017.12.08 2017고단1754

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2017, at around 22:50, the Defendant suffered damage to the reputation of the inside side and the chest parts of the victim while having been in dispute with the victim D and the right of fostering, and divorce by agreement at the residence of the Defendant in Gwangju City C 104.301.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A medical certificate;

1. Each victim's photograph (the defendant and his defense counsel did not contain the victim's assault as stated in the judgment of the defendant, and the victim was removed by assaulting the victim's left arms, the mother of the defendant, and then the victim was injured in the course of physical fighting. Thus, the defendant's act constitutes legitimate defense.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., (i) the statement of the witness D, the victim, is recognized as having high credibility because it is consistent with specific and important parts; (ii) the witness E’s testimony is hard to believe in light of the relationship with the defendant; (iii) the degree of injury inflicted on the victim, such as the victim’s testimony, appears to have occurred by drinking; and (iv) the victim did not appear to have occurred in the process of physical fighting for the removal of the victim as alleged by the defendant; and (v) the victim appears to have never existed due to the prior assault of the defendant; and (v) the victim appears to have been divorced without division into the defendant’s property; and (v) the victim has expressed his/her intention not to punish the defendant again in this court, and thus the victim gives testimony for the purpose of harming the defendant otherwise.

There is no circumstance to see.

유사 판례

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-의정부지방법원 2015.07.21 2015노608

-의정부지방법원 고양지원 2013.05.30 2012고단1586

-광주지방법원 2018.08.22 2018노1729