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(영문) 대구지방법원 2012.07.12 2012고단1142
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 2, 2012, at around 17:10, the Defendant, without any justifiable reason, injured the victim of the pathal that requires medical treatment for about 29 days in consideration of the face of the victim D (the age of 73) in front of Daegu-gu, Daegu-gu, and three times of drinking without any reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Each police statement made to D or F;

1. A report on the field of the assault case;

1. Application of Acts and subordinate statutes to investigation reports (general-injury diagnosis reports, etc.);

1. The defendant and his/her defense counsel's assertion of the relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act regarding criminal facts, and Article 257 (1) of the Criminal Act of the choice of punishment, and the defendant and his/her defense counsel did not constitute assaulting and harming the victim D due to the absence

However, the victim D and witness E appeared as a witness in this court and clearly stated to the effect that “at the time they assaulted the victim D cannot be the defendant,” and in light of the following circumstances recognized by the record, etc., it is deemed that the credibility of each of the above statements is very high, and the witness G’s statement in the court is difficult to believe.

In other words, ① He was a third party who is not in a friendly relationship with the Defendant and the victim, who was at the time the Defendant and reported the instant case. ② The victim D was a company with which the Defendant’s wife and the Defendant’s wife are divided into a usual story with the same dynamic-out, and ③ the Defendant was infinite with the Security Department, such as the abolition in the Eastern Island, and according to the victim’s statement, according to the victim’s statement, he would make it possible for the Defendant to use the same finite in a clean manner, where the victim reported the finite which the victim left on the roadside at the time of the instant case.

‘A' assaults the victim before he or she reaches the victim, i.e., why he or she is " why he or she goes behind."

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