Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

피고인은 2018. 9. 29. 23:40경 동두천시 B 앞 노상에서, 피해자 C가 술에 취한 상태로 도로에 쓰러져 있는 것을 발견하여 피해자를 깨웠으나 피해자가 피고인을 밀쳐 넘어뜨리자 이에 화가 나 손으로 피해자의 몸을 붙잡고 바닥을 뒹구는 등으로 몸싸움을 하여 피해자의 오른손 약지손가락이 절단되어 공소장에는 ‘새끼손가락이 맨홀 구멍에 끼어 절단’되었다고 기재되어 있으나, 증거에 의하면 피해자의 절단된 손가락은 약지손가락임이 분명하고, 절단의 원인을 알 수 없다.

Since correcting this part of the facts charged is deemed to have no risk of causing substantial disadvantage to the defendant's exercise of his/her right to defense, this part of the facts charged is corrected ex officio.

The victim was injured by the number of days of treatment, such as taking a flady surgery.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. Records of the emergency department;

1. The defendant and his defense counsel asserts that the defendant had already passed the victim at the time of arrival at the scene of the case, so the defendant's assault did not cause harm to the victim.

According to the evidence duly adopted and examined by this court, the victim showed the appearance that the victim would deduct the hands from around 1 minute from September 29, 2018 to around 23:58, and the defendant would have arrived at the site of the case around 00:05 on September 30, 2018, and it is recognized that the fact that the defendant arrived at the site of the case around 00:05 on September 30, 2018 and arrived at the victim.

However, the victim, after cutting off the hands off from the mandones as above, taken off the goods in the room or saved the defendant, and brought an appeal for the pain by putting them on the floor of the Do which was saved by the defendant, and the mandole where the cut hand was found is different from the mandole in which the victim deducteded the saved hand, and the defendant and the victim are the victim.