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(영문) 수원지방법원 2014.11.21 2014고단2296
상해
Text

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

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

Reasons

Criminal facts

At around 22:00 on March 17, 2013, the Defendant suffered injury to the victim, such as Damp, which requires approximately two weeks of medical treatment from the victim, on the ground that the victim E (here, 51 years of age), who is the wife of the Defendant, does not use gale in the body of the defendant, returned home to his wife late home, and that he does not use gallebbing.

Summary of Evidence

1. Statement to the effect that the defendant dump was carried out in this court, at the time;

1. Legal statement of witness E;

1. A written diagnosis of injury (No. 5 No. 5 of evidence);

1. Reporting on the occurrence of domestic violence;

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

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Judgment on the assertion of the Defendant and the defense counsel under Article 62-2 of the Criminal Act regarding probation and lecture attendance order

1. The defendant and his defense counsel asserted to the purport that while the defendant was in a dispute with the victim at the time, he only saw the victim into flab to stop the defect about to satch, and there was no fact to flab as stated in the facts charged, and the act of flabing the victim's flab constitutes a legitimate act under Article 20 of the Criminal Act, since it defends the victim's attack act.

2. The victim has consistently stated the facts charged from an investigative agency to this court.

According to domestic violence reports, investigation reports, etc., it is confirmed that at around 22:30 on the day of the instant case immediately after the occurrence of the assault, the victim reported to 112 on the ground that he/she was abused by the Defendant. This is also a circumstance supporting the victim’s statement.

Furthermore, in the case of the injury diagnosis submitted by the injured victim, the date and time of the diagnosis of the injury shall be the time and time of the injury.

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