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(영문) 수원지방법원 여주지원 2018.06.27 2018고단373
상해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 11, 2018, the Defendant, at D main points located in Gyeonggi-si Co., Ltd. around 01:10 on February 11, 2018, committed an injury to the victim E (43) by breaking the beer disease, which was broken up with the beer disease being scattered, resulting in an injury to the victim, such as the heat in this part, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. It is recognized that the defendant had a beer's disease broken on the floor and had the beer's disease exceeded the beer's floor, but there was no intention of injury;

The argument is asserted.

However, there is no evidence other than the statement made by the Defendant and the victim, since the CCTV or witness’s statement, etc. at the time of the crime are not secured due to the change in the contents of the statement made to the police officer dispatched to the scene of the first crime and the following agreement with the Defendant.

According to the above, the defendant, while fighting with the victim at an investigative agency, laid the beer's disease intending to frighten to the victim, broken the beer's disease on the floor, laid the beer's disease on the floor, and broken the victim's beer's disease, and the victim continued to dump the bump and got the victim over the beer's disease on the floor.

A statement was made, and it was thought that the beer's disease might be broken down on the floor, but the victim could be broken up on a pure basis.

was stated.

Comprehensively taking account of these defendant's statements, the defendant did not have any direct injury to the defendant.

Even if the defendant knew the result of the injury at the time and accepted it, the defendant had the intention to injure the victim with dolusorous intention.

may be appointed by a person.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The Criminal Act, the suspension of execution;

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