(영문) 대전지방법원 2019.01.31 2018고단2219

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(영문) 대전지방법원 2019.01.31 2018고단2219

폭행치상

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

except that 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

The defendant and the victim B (Y, 66 years old) are adjoining areas where the main gate is different from the "D" located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and there is a dispute over the problem of disposal, such as the defendant's dry field is adjacent to the wall after the house of the victim of Pyeongtaek-gun, and the defendant incinerations waste in dry field.

At around 14:00 on June 24, 2017, the Defendant, as a dry field of the Defendant located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, a dry field, etc., carried wastes, such as vinyls, and tried to report it to the Defendant, and the Defendant reported it to the Defendant, and thereby, she changed the horses under the fence, and the Defendant changed the horses, and the Defendant called “Ipland ???????????????????????????????????????????????????’

Therefore, as the victim moved the victim to D in front of the damage, he saw the victim into the place to drive away the victim, and saw the victim's chest part to the victim once by hand, he saw the victim to suffer about 4 weeks of treatment at the right 20-day right 3.

Accordingly, the defendant abused the victim and caused the injury.

Summary of Evidence

1. Each legal statement of witness B, F, G, and H;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement made to F, G, and H;

1. A medical certificate of injury (B), and medical records;

1. Investigation report (Attachment of Appellant’s photograph) [The defendant and his defense counsel did not assault the victim at the time of the instant case, and the defendant asserted that he was merely injured by unilaterally assaulted by the victim, but according to each of the above evidence duly adopted and investigated by the court, it is sufficiently recognized that the defendant suffered bodily injury by damaging the victim’s chest by satisfe one time as stated in the facts constituting the crime in the judgment of the court. Accordingly, the above assertion by the defendant and his defense counsel cannot be accepted.]

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

유사 판례

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-광주지방법원 목포지원 2015.10.06 2015고정290

-수원지방법원 평택지원 2014.06.10 2014고정57