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(영문) 서울남부지방법원 2015.10.21 2014고단5044
폭행치상
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 23, 2014, at around 19:38, the Defendant was arguing that the Defendant gave lessons to the victim D(50 years of age) and high school students on the road in Guro-gu Seoul Metropolitan City, and the Defendant got out of the front of the victim’s left side to kne kne, and got over the back of the victim’s chest, the left side of the victim’s left side, and the left chest back to the back. On the part of the police who received the report, the Defendant got out of the victim’s chest by hand.

The injured party suffered from the injury, such as the anti-fluoral fladal fladal of the left-hand body, which requires treatment for about eight weeks.

Accordingly, the Defendant inflicted an injury upon the victim by committing violence against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Part of the police investigation protocol concerning the accused;

1. A report on the field of violence;

1. Damage photographs;

1. Each injury diagnosis certificate and opinion;

1. Investigation reports (in response to the opposite question of the intention to issue the medical certificate of injury of a victim), and replies;

1. The defendant and defense counsel asserted that, although the victim's chest at the time of the investigation report (a document attached to the records submitted by the victim), a copy of medical records, a certificate of medical records, and each medical records are low, they do not knee and kne, etc., and they do not cause injury to the victim, such as cutting down the body of the victim.

However, the victim stated that he suffered injury by assaulting the victim as stated in the facts constituting the crime in the judgment of the defendant. The statement is consistent and very specific, when the police officers called out to the scene, the students in the surrounding area were identified as the defendant, and the victim argued that he was subject to the violence from the defendant. The defendant was dispatched to the scene by the police officers, and the defendant used the victim's body, and after the occurrence of the case, the victim's body was recorded, he am son and chest, according to the photograph of the victim.

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