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(영문) 서울북부지방법원 2013.05.24 2012고단3204
상해
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 14, 2012, around 02:45, the Defendant drinking alcohol at “E” at the main point of “E” located on the first floor of Dobong-gu Seoul Metropolitan Government DD 1st, and caused the victim F (e.g., the victim F (e., the 53 years of age) to be brought about and slicking problems, such as G and drinking values, the main place of business at the above main point. However, the Defendant was suffering from the victim’s face, resulting in the victim’s injury, such as an internal autopsy, which requires treatment for about six weeks, and the closure of the bones, e.g., the victim’s face.

Summary of Evidence

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

1. Partial statement of witness G;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes of ambulances;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 257(1) of the Criminal Act regarding criminal facts, the accused of choosing imprisonment and his/her defense counsel

1. The argument that the Defendant was running across the tables that the victim was seated at the time and place recorded in the facts of the crime is consistent, but the victim was not satisfied because the table was bottomed, and there was no physical contact with the victim, and how the victim suffered the instant injury at the time.

2. In light of the following circumstances acknowledged by the record, the above assertion is rejected, since it is judged that the victim suffered the injury of this case by the act of the defendant, such as facts constituting an offense, etc.

① Some unclear points in the process of the victim’s being injured, etc., however, the overall purpose of this case is to consistently state from an investigative agency to this court that the victim suffered the injury of this case by assaulting the Defendant at the time and place stated in the facts constituting an offense.

The victim stated that the police officer called out to the scene had the defendant called out at his own time, and later called out.

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