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(영문) 의정부지방법원 2014.04.16 2013고단4511
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

피고인은 2013. 11. 27. 13:40경 의정부시 송산1동에 있는 의정부교도소 V실에서, 같은 재감인인 피해자 W과 평소 피고인이 잠을 잘 때 코를 심하게 고는 문제로 말다툼을 하던 중, 오른손 주먹으로 피해자의 얼굴 부위를 1회 때리고, 손으로 피해자의 목 부위를 잡아 그곳 철제 출입문에 피해자의 머리 부위를 부딪치게 한 후 계속하여 왼손으로 피해자의 얼굴 부위를 1회 때리고, 오른발로 피해자의 얼굴 부위를 1회 걷어찼다.

As a result, the defendant puts up two-time medical treatment to the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by each police officer of X, Y, and W;

1. Each written statement of the defendant, Z, AA, and AB;

1. Each police investigation report;

1. Application of Acts and subordinate statutes (a medical certificate, No. 66,67 pages) ;

1. Determination as to the assertion by the Defendant and the defense counsel regarding the relevant criminal facts, Article 257(1) of the Criminal Act regarding the choice of punishment, and the Defendant of imprisonment and counsel

1. The Defendant asserted that the victim was only the floor of hand and was not drinking, and that there was no blood transfusion in the drafting of the victim, and that there was no hump, etc., such as a hump, which treated the hump with the view of being an injury photograph, and did not inflict any injury on the hump, which did not cause any damage to the hump.

2. The evidence revealed prior to the judgment reveals that the defendant himself/herself recognized the fact of drinking when he/she was the victim (i.e., the statement), and that all other visitors who have observed the crime of this case when he/she was drinking the victim, and the victim also testified that he/she was drinking by the defendant. As such, it is difficult to deem that the defendant committed violence only to the victim on his/her hand, as alleged by the defendant, and some other persons who observed the crime of this case are aware that he/she was faced with the victim as soon as he/she was drinking or drinking.

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