(영문) 대구지방법원 서부지원 2018.11.28 2018고단661

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(영문) 대구지방법원 서부지원 2018.11.28 2018고단661

상해

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

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

Reasons

Punishment of the crime

The defendant and the victim B(32) are the same dynamic relationship in the same workplace.

On January 30, 2018, the Defendant: (a) around 11:10, at the site of the processing team site of the Daegu-gu Seoul “D” processing team; (b) at the site of the victim’s work; (c) had a dispute with the victim; (d) had the victim’s face two times due to drinking; and (e) the victim had the victim’s clothes under the defendant’s body, fating the bat with the wall, and again had the face of the victim two to three times due to drinking.

In this situation, when the victim gets off the body of the defendant while getting off the body of the defendant, the defendant has taken up more than twice the face of the victim in drinking, has the face of the victim two times more, has the face of the victim taken up with the head of the victim, and has the safety knife the victim's face one time, and the victim's face is cut off again with the safety knife again, with the knife that the victim would not fit the face, the part of the victim's right shouldered three times.

As a result, the Defendant inflicted bodily injury on the victim, i.e., the right shoulder, the right shoulder, and the net heat that need to be treated for about six weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness B and E’s legal statement, and the witness F’s legal statement;

1. Statement made by the police in B;

1. A criminal investigation report (to be accompanied by a photograph of the inside part of the complainant), and a criminal investigation report (to be accompanied by a photograph of CCTV images inside the place of work);

1. The defendant and defense counsel asserts that the defendant's act constitutes legitimate defense, and that the defendant's act does not suffer any injury to the defendant's shoulder due to the defendant's assault.

However, according to each evidence duly adopted and investigated by this court, it was difficult for the defendant and the victim to wald, and it can be acknowledged that the victim was injured by the shoulder during the process, and that the victim had a certificate of king.

It should be viewed differently.

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