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(영문) 청주지방법원 2018.09.13 2017고단1477
폭행치상
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On March 4, 2017, the Defendant: (a) at the main point of “D” located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) on March 4, 2017, the Defendant: (c) sealed the victim’s left shoulder part of the victim’s fighting with his hands at the same time and caused the victim to face with the wall.

Defendant assaulted the victim as above, thereby resulting in the victim's injury to the right-hand 4,8 cages that require approximately four weeks of treatment.

Summary of Evidence

1. Each legal statement of witness F and H;

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

1. Relevant legal provisions on criminal facts, Articles 262 and 260(1) of the Criminal Act regarding the choice of punishment, and Articles 260(1) of the Criminal Act regarding the choice of imprisonment [the defendant and his/her defense counsel did not cause any harm to the victim by assaulting the victim, and the victim’s injury to the victim was caused by the birth G of the victim.

“To commit the crime” and to deny the crime.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the victim testified in this court that he suffered damage, such as the description of the facts charged, and the above testimony is consistent with the main part of the investigative agency’s statement, consistent, without inconsistency in the context before and after the testimony, and ② was the main part of the D main points.

H also made a testimony consistent with the above statement of the injured party in this court. In full view of the fact that the above testimony is consistent with the above witness's statement in comparison with the investigation agency, is consistent with the main part, is objectively reasonable, and is credibility such as it is ③ The injured party's diagnosis letter of injury against the injured party, the injured party can be acknowledged the defendant's act stated in the facts of crime in the judgment.

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

Reasons for sentencing

1. The sentencing criteria (the recommended punishment);

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