(영문) 수원지방법원 성남지원 2020.01.16 2019고단2397

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(영문) 수원지방법원 성남지원 2020.01.16 2019고단2397

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 13:00 on September 25, 2019, the Defendant, within the office of "C" located in Hanam-si B, and at around 59 years of age, brought about the issue of the Defendant's debt repayment with the victim D (man, 59 years of age) and debt reimbursement, which is a dangerous object in possession of the chemical, the victim's breast part of the victim's chest was pushed off one time, and 3 times off the right buckbbbbbbs, thereby causing injury to the victim, such as a string wall, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Partial statement of the police interrogation protocol of the accused;

1. A medical certificate;

1. 112 reported case handling table;

1. Photographs and photographs of the place of occurrence of a suspect’s stick (where the victim’s statement supporting the facts charged is generally consistent and consistent with the facts charged, it shall not be rejected without permission, unless there is any other reliable evidence to deem that the victim’s statement is objectively reliable (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The victim D’s statement on the content and circumstance of the victim’s assault, and the part of the assault, etc., is mutually consistent and inconsistent from the investigative agency to the court.

In addition, the witness E and F's statements are consistent with the victim's statements. Although the witness is an employee of the company operated by the defendant, the contents of each statement are mutually consistent with each other in the detailed situation description, etc., and there is no particular contradiction, and the above witness does not seem to be dismissed merely because he is an employee.

The credibility of the above victim's statement is supported in addition to the fact that the contents and degree of the 112 report made at the time of the occurrence of the instant case were consistent with the details of the injury alleged by the victim.

The statements of the victim, which are recognized as credibility, are made.

유사 판례

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