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(영문) 부산지방법원 서부지원 2018.02.13 2017고단411
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 26, 2017, the Defendant: (a) around 14:20 on March 26, 2017, within the Seo-gu Busan, Seo-gu C and 3rd D flag sources; (b) the Victim E (63) who was the president of the D flag sources, among those who kept the Baduk, will keep the funds in the Baduk.

For the reason that the victim suffered a sound from the victim, and the victim who continued to sit in front of the consignee, had the victim faced with the victim's left side, and caused about five weeks of treatment to the victim, such as the victim's flasium flasium, and the victim's flasium flasium flasium (four (four).

Summary of Evidence

1. Each legal statement of witness E and F;

1. Each police statement made to E and F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of on-site photographs);

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 257(1) of the Criminal Act regarding criminal facts, the Defendant of the choice of imprisonment, and defense counsel

1. The gist of the assertion is that the victim refused the demand of the victim to keep the internal funds in custody, and he was faced with the person who was in front of the victim by putting a drinking in order to fix the defendant's price, and the defendant did not commit assault against the victim.

2. According to the following circumstances acknowledged by the evidence duly adopted and examined by the court, the defendant and the defense counsel’s above assertion is not accepted, since the facts charged by the defendant were sufficiently recognized as stated in the facts charged in the judgment of the court.

① 피해자는 수사기관에서부터 이 법정에 이르기까지 ‘ 내기 바둑 자금을 받으려고 하자 피고인이 바둑통을 던지며 소란을 피웠고, 탁자 앞에 앉아 있는데 피고인이 욕설하며 탁자를 발로 차 갈비뼈 부위를 맞아 숨을 쉴 수 없는 상태에서 엉겁결에 피고인의 옷을 잡았다 ’라고 일관되게 진술하였다.

This is a false statement in the victim's statement, unlike the detailed statement about the background, content, and method of the crime.

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