(영문) 의정부지방법원 2015.12.22 2015고단1095

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2015.12.22 2015고단1095

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 01:00 on November 27, 2014, the Defendant, while drinking alcohol together at the house of the victim D(51 years of age) with C Apartment 1715 dong 102 on the Namyang-si, Namyang-si, the Defendant, on the ground that the victim tolded the Defendant with the shoulder, placed the Defendant on the inside and the mouths of the part for the lower part of the floor of the hand, which caused the victim to take on the face of the victim, for about four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Results of fact-finding investigations into the Guidein Hospital of the Korea National University;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on investigation reports;

1. In light of the relevant legal provisions on criminal facts, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the Defendant’s assertion of imprisonment option and defense counsel asserted that there was no fact at the time of the victim, and thus, the following circumstances can be acknowledged according to the evidence duly adopted and examined by the court

① As the Defendant himself acknowledges the victim’s face on the day of the instant case, it is clear that there was physical contact at the time. ② However, the part of the wheel chairs that the victim was on board, so it is possible to see that the Defendant’s face was considerable. ③ The victim, upon receiving the report of 112 on the day of the instant case, assaulted the police officer on the face of the police officer dispatched to the scene, and shows the face of the Defendant, who called the Defendant as the offender at the scene, stated the facts corresponding to the criminal facts in the “reasons for Arrest” in the fifth letter of arrest of flagrant offender, and stated that the Defendant was subject to a consistent accusation from the outside immediately after the crime, and then the content of the statement is evaluated to have high credibility. ④

참조조문

-형법 제257조 제1항

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