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(영문) 광주지방법원 2017.02.09 2016고단2759
상해
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

At around 01:00 on May 13, 2016, the Defendant, while crossing the road in the vicinity of the Seoul Southern-gu Branch of the Saemaul Bank, a victim D (60 aged) without permission, received a claim from the injured party, and went through a dispute, and followed the city expenses at the police box of the Seoul Southern-gu Police Station located in the neighboring area. On the back of the injured party, the Defendant followed the city expenses at the police box of the Seoul Southern-gu Police Station, and caused the injury to the victim’s left side by cutting down the flaps of the victim’s flab, and then, caused the victim’s flab, which requires approximately 6 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Diagnosis of injury, medical records, response to an order to submit a document to E hospital, and application of Acts and subordinate statutes to inquiries and replies to the Southern Police Station of Gwangju Metropolitan City;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The summary of the assertion is the date and time, place, and the victim's bat at the place, but there is no fact that the victim injured the victim's left side of the bat.

2. In light of the following circumstances acknowledged by each of the evidence mentioned above, it is recognized that the defendant used the victim's left side interest as stated in its reasoning.

Therefore, the above argument is not accepted.

① The victim D stated to the effect that, as consistently stated in its reasoning from the investigative agency to this court, the Defendant suffered an injury to the cage of the cage of the cage of the cage of the cage of approximately six weeks, which requires treatment from his left side.

② On May 13, 2016, immediately after the instant case, the Defendant and the victim visited the police station in the Jeju Southern District Police Station. At that time, the victim visited the police officer of the police station in the direction of the police station in Gwangju. The victim sent the Defendant a letter of the side frith of the Defendant’s side frith, and the pass.

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