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(영문) 대전지방법원 2018.11.29 2017고단3527
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(2017 Highest 3527) On July 9, 2015, the Defendant suffered injury to the victim, such as inside and outside the gate, which requires approximately six weeks of medical treatment to the victim while the victim F (33 years) and female-friendly issues were being discussed in the Esing room located in Sejong-si, and the victim F (33 years) and the victim was forced to have a beer cans, so that the victim faces the victim's face on several occasions by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The protocol concerning the interrogation of each police suspect against the defendant or F;

1. Each police statement made with respect to G and H;

1. A written diagnosis of injury;

1. A copy of a medical record, a medical record book, and a damaged photograph;

1. According to each of the above evidence duly adopted and examined by the court, the head of the Chungcheongnam-do University Hospital (the date of April 30, 2018, the date of September 14, 2018), and the response of each fact-finding with respect to IBF members [the defendant and his defense counsel] as to the injury of the victim at the time of the instant case, although the defendant abuseds the victim F at the time of the instant case, the defendant alleged that the injury in the facts alleged in the instant judgment was not caused by the defendant's act. However, according to each of the above evidence, each of the above evidence duly adopted and investigated by the court, it can sufficiently be recognized that the victim F assaulted the victim F and inflicted an injury on the victim, such as inside the coordinates and internal walls, which require six-day medical treatment as indicated in the facts charged by the defendant.

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the conditions of various sentencing as shown in the argument of this case shall be determined as ordered by taking into account the following circumstances under Article 62-2 of the Criminal Act, and other circumstances under the reason of sentencing.

Unfavorable circumstances:

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