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(영문) 춘천지방법원 강릉지원 2019.08.13 2018고단1224
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2018, the Defendant, at around 17:45, sustained an injury on the eye of the opportune that requires approximately two weeks of treatment to the victim due to the spread of the presses containing liquid in the body of the victim, which were in dispute with the victim D (the age of 49) and parking problems.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Investigative report (Attachment to emergency medical service log);

1. An investigation report (Attachment of a suspect's certificate of diagnosis), a criminal investigation report (Attachment of a suspect's first diagnosis report in a DNA emergency room), a criminal investigation report (Attachment of a victim's photo taken directly by a suspect D), and a criminal investigation report (Attachment of a photograph of the victim's body at the time of the first statement of the suspect D);

1. In the investigation report (C external CCTV image verification, etc.), the Defendant did not spread the frame toward the victim as stated in the facts of the crime, and merely denied the crime that the water taken in his/her hand was out of the victim’s face when he/she gets injured by the victim.

Comprehensively taking account of the above evidence, the following circumstances are revealed.

① At the time of this case, there was a dispute between the Defendant and the victim.

② After the aforementioned dispute, the victim immediately reported to 112, and requested that the Defendant 119 be able to see what he or she is, and what it is difficult for the Defendant to see.

③ immediately after the instant case, the victim complained of the pain of the right side, and the image of the victim’s right side was faced with the string of the front side of the road at the time, and the victim thereafter complained of the snow of the right side.

④ The victim and E stated that they were in accord with the investigative agency and this court that the Defendant sent the presses on the original form container of the yellow affiliated department to the victim.

(5) If the defendant and the portrait victim did not have assaulted to the defendant in a way that de facto spreads presses against the defendant, he/she shall have the same as why he/she was born.

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