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(영문) 청주지방법원 충주지원 2013.07.26 2013고단191
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 3, 2012, the Defendant, while drinking alcohol at a 'D' restaurant located in Chungcheongnam-si, 16:50 on December 3, 2012, the Defendant, on the ground that the victim E (the age of 37) was frightened to prevent him from being cut off by his table, was frightened out of the victim, and frighted out of the victim's face, and fright to walk into the victim's face to drinking, thereby causing injury to the victim, such as the cutting off of the inside and the floor for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E, F, and G (the defendant has a verbal dispute with the victim, but the fact that he/she was at all at the time of the victim shall be vindicateed to the effect that there is no other fact at all. However, in full view of the consistency, physical strength, rationality of the statement, attitude of the statement in this court and the evidence including each statement in this court and investigative agency of witness E, for which credibility is recognized, the criminal facts of the defendant inflicted an injury upon the victim can be sufficiently recognized);

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement of E and F;

1. E statements;

1. Damage photographs;

1. Reporting on the occurrence of a violence case;

1. Application of Acts and subordinate statutes to an investigation report (Submission of a medical certificate for a victim);

1. Relevant statutory provisions for criminal facts and Article 257(1) of the Criminal Act unfavorable to the reasons for sentencing: Taking into account the following circumstances: The defendant committed a serious injury in need of medical treatment for about eight weeks, considering the fact that the defendant and the victim who could not properly defend himself/herself from being under influence of alcohol on several occasions on the ground that he/she was in time with the victim, and that no particular damage has been recovered; and the sentencing conditions stated in the records, such as the defendant's age, character, conduct, occupation and home environment, are considered.

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