(영문) 청주지방법원 충주지원 2014.08.22 2013고단916

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자간(%)

(영문) 청주지방법원 충주지원 2014.08.22 2013고단916

상해

Text

A defendant shall be punished by imprisonment for six months.

except that 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 20:00 on September 21, 2013, the Defendant suffered injury to the Defendant, as his hand, on the ground that the victim F (the age of 66), the head of the E Village, “phere, went to that meeting,” was called “phere to the Defendant,” and followed the victim’s development, and followed the victim’s development, and caused the victim to undergo approximately eight weeks of medical treatment, such as the right sphere, the outer sphere, and the sphere that require four weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, G, H, I, and J;

1. The police statement concerning F;

1. Each medical certificate of doctor K and L;

1. Application of Acts and subordinate statutes to photographs of victims;

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

1. The defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel under Article 62 (1) of the Criminal Code of the Suspension of Execution asserts that although the defendant had two times the victim's face, the defendant does not take the victim's appearance.

In light of the following facts: (a) according to the witness stand, witness F, H, I, and J’s each legal statement, each written diagnosis, and the victim’s photo, etc., the fact that the defendant took the victim’s step as stated in the facts constituting a crime in the judgment of the defendant is sufficiently recognized; (b) on the other hand, witness G stated that the defendant exceeded the victim and could have taken the victim’s step, but the defendant could not take the victim’s step on his own; (c) although the witness G voluntarily stated that he could not take the victim’s step on his own, the witness G was unable to take the scene at that time; and (d) the person who directly fights like himself, who was not the person who seeks a fighting, could not see the situation in detail at that time; and (e) the witness G appears to have been able to make the above statement because the defendant did not witness the victim’s step.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

유사 판례

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