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(영문) 청주지방법원 2019.02.21 2018고단1672
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. The injured defendant and the injured party B (n, 21 years of age) are between the bellatives.

On July 31, 2018, at around 04:40, the Defendant: (a) committed a dispute with the victim B in the vicinity of the D convenience store located in Yeongi-gu, Chungcheongnam-gu, Chungcheongnam-gu, B; (b) caused the victim B by plucking, plucking up and digging up the arms of the victim B; (c) caused the victim B’s face by drinking away from his hair; (d) caused the victim E (e.g., 44 years old) who continued to go through, witness the above act of the victim; and (e) caused the victim E (e., f., f., the victim E’s arms and tension in need of medical treatment for approximately 21 days.

2. The Defendant damaged the property that the victim’s cell phone was damaged by breaking the victim’s cell phone while walking the victim’s cell phone with his/her hand at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. The suspect interrogation protocol of the police as to B;

1. Statement to E by the police;

1. A report on the occurrence of an injury, etc. and a report on internal investigation (specific suspect and CCTV perusal);

1. Damage photographs and CCTV video CDs;

1. The application of the injury diagnosis document (the defendant and the defense counsel denied the fact of injury to the victim E, but the evidence duly examined and adopted, in particular, the consistent statement of the victim E, CCTV image CD, and the injury diagnosis document, etc., can be sufficiently recognized that the victim suffered injury as stated in the judgment, and thus the assertion is not acceptable).

1. Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act, and Article 256 of the Criminal Act, the choice of imprisonment for a 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. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.

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