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(영문) 창원지방법원 2018.12.13 2018노838
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. In full view of the evidence submitted by the public prosecutor, including the statements made by the police, the summary of the grounds for appeal by the witness F in the original instance, it is difficult to believe the F in light of the relationship between F and the victim, the content of the statement, etc., and comprehensively taking account of the evidence presented by F in the police, the fact that the Defendant inflicted an injury by assaulting D on February 19, 2017,

Nevertheless, the court below rendered a not guilty verdict on this part of the facts charged and erred in the misunderstanding of facts and legal principles.

2. Determination

A. The summary of this part of the facts charged is that the Defendant, on duty, was hospitalized in the hospitalization room No. 205 of C Hospital 205 due to depression and fluorosis, and the victim D(58) was hospitalized in the hospitalization room No. 202 of C hospital 202, and before that, the victimized person was hospitalized in the same hospitalization room as the Defendant, and was hospitalized in the same way as TV viewing by the Defendant and frequent outing outing. As such, each other’s appraisal was not good.

On February 19, 2017, the Defendant: (a) around 07:45, at the closed room of the second floor of C Hospital, found that the victim spits tobacco twice in his face; (b) the victim spits spits spits the victim twice in his face; and (c) the victim spits spits the victim’s face once in his face with his hand, and spits spits the victim’s spits once in his face; and (d) spits the victim’s clothes into the closed room by walking the victim’s clothes once in one time due to the loss, etc., so that the victim spits a part of the victim’s clothes over the part of the victim’s body once in one time in one time in one time.

B. In full view of the following circumstances revealed by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court, it can be recognized that the Defendant inflicted an injury on the victim as stated in this part of the facts charged.

(1) The victim made a statement at an investigative agency to the effect that “the victim was “at least once from the defendant with drinking, hand, etc. one time, and walked to the floor of the vehicle.” The victim’s statement is considerably specific and witness F, and the witness at the police.

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