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(영문) 수원지방법원 2019.07.25 2019고단168
상해
Text

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

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

Reasons

Punishment of the crime

At around 21:00 on October 27, 2018, the Defendant, at the 24th alumni conference office located in Sungsung-si B, called “D only feasible feasible feasible feash.”, and was in dispute with the victim D (57 years of age). While walking the victim’s chest part, the Defendant suffered injury, such as the closure and diversification of a feass where the victim’s chest part was about 42 days of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The defendant's defense counsel in the written diagnosis of injury argues that the degree of injury suffered by the victim compared to the defendant's act is more severe, and that the degree of injury was exaggerated than that of the actual injury in the written diagnosis of injury, or that the injury suffered by the victim, such as the written diagnosis of injury, may have been partly caused by the victim's king, etc.

The medical certificate submitted by the victim of the crime of injury is not sufficient as evidence to directly prove the fact that the injury as stated in the medical professional was caused by the criminal act of the defendant, since the doctor generally grasped the cause of the injury based on the victim's statement, and stated the part and degree of the injury observed and judged by him/her. However, the date and time of the diagnosis as to the injury is close to the time and the time of the occurrence of the injury, there are no special circumstances to suspect the credibility in the process of issuing the written medical certificate. In cases where the part and degree of the injury as stated are consistent with the cause and circumstance of the injury alleged by the victim, unless there are special circumstances, such as the victim's act of assault from a third party, etc., or the fact that the victim was discovered or the doctor prepared a false medical certificate is revealed, such medical certificate shall be accompanied by the statement of the victim and the fact of the injury of the defendant.

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