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(영문) 인천지방법원 2019.06.12 2018고단9389
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On June 23, 2018, the Defendant, at around 02:40 on June 23, 2018, performed drinking together with the victim D (the name of the victim, the 55 years old) who is a dominant in the Michuhol-gu Incheon building, and the first floor of the 1st floor, and was trying to go out of the part of the victim, on the ground that the victim attempted to go out of the part of the Dominal bridge before the time the victim promised to go out of the part of the Dominal bridge, was unable to go out of the part of the Dominal bridge. The Defendant, in his hand, she was able to take back the victim's head and face, and her arms and clothes.

As a result, the defendant suffered damage to the victim's saves that need to be treated for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. A complaint, a list of seizure and search records;

1. Application of Acts and subordinate statutes, such as investigation reports (Submission of evidentiary documents), photographs of victims, etc.;

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 Defendant of choice of imprisonment, and defense counsel

1. Of the facts charged in the instant case, the Defendant: (a) acknowledged the fact that she gets the victim’s bridge by making the victim’s bridge up on his/her hand and the fact that she takes the victim’s arms by hand; (b) there was no her head and face or her clothes in his/her hand; and (c) there was no causal link between the Defendant’s act and the victim’s injury.

2. Facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., ① the victim made a concrete and consistent statement in the investigative agency and this court that he suffered a bodily injury by assaulting the Defendant, as stated in the facts charged, and the face, side, right arms, and parts of the body are taken to the investigation agency that the victim suffered a bodily injury on the day of the instant case, and the defendant submitted a written complaint to the investigation agency, at his discretion, submitted the following tear.

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