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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
From January 4, 2015 to June 9, 2015, the Defendant returned to the Victim C (Y, 16 years of age) and the victim. On June 8, 2015, the Defendant and the victim met alcohol together with the Eelbel located in Suwon-si D, Suwon-si, 2015.
On June 9, 2015, the Defendant, at around 07:30 on June 9, 2015, heard the phrase “poner shall have no parent who will do so” to criticize the parent of the Defendant from the victim, who was making a verbal dispute with the victim in the above Embur 307, and heard the victim’s face by drinking it, putting the consignee of a steel bridge, which is a dangerous object, and laid down the part of the victim’s body, and ske the victim’s seat by hand.
As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the victim, such as an internal blood transfusion, which requires treatment for about two weeks.
Summary of Evidence
1. Partial statement of the defendant;
1. The rejection of a witness C’s legal statement (see, e.g., Supreme Court Decision 2013Do14656, May 16, 2014) is not permissible as it goes beyond the bounds of the principle of free evaluation of evidence (see, e.g., Supreme Court Decision 2013Do14656, May 16, 2014). In a case where the statements made by the witness, such as the victim, etc., are mutually consistent and consistent with the facts charged, unless there is any separate evidence to deem that there is considerable credibility from an objective perspective (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In this case, the facts charged in the instant case, in particular, the victim’s statement made by the victim C, which conforms to the purport that the Defendant collected the consignee of the steel bridge located within the telecom, and used it to the victim’s violence, is consistent with the main part from the investigation to this court
1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;
1. A written statement;
1. A damaged photograph;
1. Medical certificates;