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(영문) 광주지방법원 2017.06.27 2017고단879
상해
Text

A defendant shall be punished by imprisonment for four months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

The Defendant, at around 14:00 on December 23, 2016, provided counseling related to hospitalization with the victim E (40 years old) who is the head of the department of the hospital in Gwangju-gu, Gwangju-gu, and the victim was not hospitalized immediately.

E. During the embling of the victim’s face by drinking, the victim’s face was damaged by other head parts requiring treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement of the E);

1. Report on occurrence and investigation report (the person suspected of committing the crime committed against the victim);

Matters concerning the claims alleged

1. Side photographs of the victim's assault;

1. A medical certificate of injury (E) / The defendant and defense counsel first asserted that the defendant's assaulted the victim at the defense level against the victim who assaulted the defendant, but considering the following circumstances acknowledged by each of the above evidence, the defendant's unilateral assaulted the victim, and thus, it is not acceptable to accept the above argument that the illegality should be avoided due to a legitimate defense.

① The victim unilaterally and consistently made statements from the Defendant regarding the background of the assault, the present situation, the method of assault, etc.

(2) On the other hand, the defendant did not assault a victim of spawn in an investigative agency, and was assaulted by the victim.

In making a statement, the victim’s statements continued to change his/her statement by stating that “the victim was pushed,” “the victim was pusheded with neck,” “the victim was pusheded with necked with neck,” “the chest was when 3rd,” and “the part of the breast was scarcityd with two scarcitys.” In this court, the victim’s assaulted as stated in the facts charged, or the victim’s defense was used first to defend himself/herself.

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