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(영문) 서울동부지방법원 2016.06.14 2015고정2056
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 25, 2015, around 01:20, the Defendant requested to move the vehicle of the victim C (42 tax) parked in the said apartment parking lot from the Handong-gu Seoul, Seongdong-gu, Seoul, to move the vehicle of the victim C (42 tax) who was parked in the said apartment parking lot, but during the dispute between the victim and the city, the Defendant was able to take the face of the victim by drinking, flabing the ebbbb, and flaging the ebb, and flag the body of the victim, and flad the face and body flading the body of the victim.

As a result, the Defendant inflicted an injury on the victim, such as the catum cat, which requires approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the interrogation of suspect C by the police;

1. Investigation report (including on-site verification, telephone conversations of witnesses, and diagnosis report on C) / The defendant and his defense counsel asserted that the defendant inevitably fell on the body of the victim to escape from the attack of the victim at the time of the instant case and that there was no fact at the time of the victim. However, the victim has consistently met with the criminal facts from the investigative agency to this court.

The above argument that the victim made a statement (the victim has sought a preference against the defendant while making a statement as well as the facts favorable to him/her as well as the unfavorable facts, and the victim's act cannot be seen as making a false representation or an exaggeration of the defendant's act), and the above argument that there is no time for the victim to make a false statement does not accept

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Selection of Punishment;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (see, e.g., Article 59(1) of the Criminal Code (see, e., Supreme Court Decision 2009Da15488, Apr. 2, 201).

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