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(영문) 대전지방법원 천안지원 2017.10.12 2017고단1209
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

around 01:00 on March 16, 2017, the Defendant: (a) in the previous stairs of the Defendant’s operation “Dda” in Asan City C and 2, under the influence of alcohol, and (b) in the situation where the Defendant was unable to open a door to the key, “I open and open a door as soon as possible” from the victim E (the age of 55). The Defendant heard the horses, cut off the victim from the stairs to the first floor of the floor, thereby causing injury to the victim, such as cutting the cage cage, which requires approximately 6 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A written diagnosis of injury;

1. A criminal investigation report (Attachment of on-site photographs) and photographs attached thereto (the defendant and defense counsel asserts that the victim does not have any private knowledge at the time and place specified in the facts charged.

In other words, the victim stated in the facts charged, alone, has been suffering from vain stairs that are brud as much as vain.

In this regard, the defendant's act, the situation of the defendant and the victim at the time, and the circumstances in which the victim has fallen are consistent with the very specific and investigation stage statement at the time of the act of the defendant at the time of the crime stated in this court by the witness E.

If the victim, in the place and place of the criminal facts, himself/herself was found in a vadi stairs that are vadi, the victim did not report 112 in addition to requesting telephone in 119 when he/she was injured by several prices.

In doing so, the victim heard the victim's external invasion immediately after the victim suffered injury, and asked the F to request the victim to report 112 to the victim (the witness F's legal statement). Based on these circumstances, it is determined that the Defendant's act of entering the facts of crime was proven to the extent that there is no reasonable doubt to regard it.)

Application of Statutes

1. Relevant legal provisions and Article 257(1) of the Criminal Act on criminal facts and the reasons for sentencing [the scope of recommending punishment] of the same Act.

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