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(영문) 대구지방법원 포항지원 2014.09.19 2014고단336
상해등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months.

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

Reasons

Criminal History (Defendant A)

1. At around 22:30 on February 1, 2014, the Defendant assaulted the victim by drinking the victim’s face at “Nando” from the victim B (F) located in North Korea-gu E at the port of port, “I am see that “I am well, I are in the right side of the toilet, I am see why I am see, I am see, I am see, I am see, I am see, I am see, I am see, I am, I am am, and I am dam, I am.”

2. On February 2, 2014, around 03:10 on February 2, 2014, the Defendant injured the victim B’s face by drinking and hunting within the above F, and caused the victim’s injury, such as an unknown thirical flads, in light of the body of the victim beyond the floor, by taking several times the body of the victim beyond the floor, and by taking about six weeks, the Defendant sustained the victim’s injury, such as an unknown th

Summary of Evidence

1. Each legal statement of witness B and G;

1. A medical certificate ( pages 46, 47);

1. Application of Acts and subordinate statutes to field photographs (section 14);

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Determination on the assertion of the defendant and defense counsel under Article 62-2 of the Criminal Act of probation and community service order

1. The assertion;

A. In relation to Paragraph B(1), the Defendant, in consideration of the face of B, had the Defendant flown up with b head, but did not b at hand.

B. Next, in relation to Paragraph 2, the Defendant: (a) spreaded B from B to B on the idea that he would die if he does not defend; and (b) was imprisoned into the floor during which he was faced with the injury while breaking up the body that he was frighted into the floor during which he was frighted; and (c) was not frighted into the face in drinking; and (d) taking the face in drinking is self-defense.

2. Determination

A. First of all, the argument regarding paragraph 1 is submitted to this court, including the examination of the case, witness B, and G’s respective legal statements.

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