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(영문) 전주지방법원 군산지원 2016.11.02 2016고단536
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 11, 2016, at around 23:40, the Defendant brought an dispute with the victim C and her children D (year 30) who were the cafeterias of the 18-lane D D, the cafeterias of the 18-lane D, Jeollabuk-do, Jeollabuk-do, where the victim C (the 53-year-old) was a customer, who was the cafeterias of the cafeterias. On the ground that the victim C and her children were satisfying, the victim’s face was satisfyed twice on the floor of the sons at hand, the victim’s face was satisfyed by hand, the victim C’s face was sealed, and the defendant’s bridge was broken up to the floor by spreading C with the victim who was satisfy.

As a result, the Defendant laid down the body of the inner wall and the inner wall that require approximately 8 weeks of treatment to the victim D, and put the victim C with two sides, face, scarcitys, scarcitys, scarcitys and tensions in need of approximately 14 days of treatment to the victim C.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Application of Acts and subordinate statutes, such as a medical certificate of injury (C), medical certificate (D), and photograph;

1. Relevant Article 257 (1) of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Determination as to the defendant's assertion under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes

1. Whether the person has inflicted an injury;

(a)an injury in the crime of injury means impairing the completeness of the body of a victim or impairing physiological functions;

(See Supreme Court Decision 9Do4305 delivered on February 25, 2000, etc.). Meanwhile, the written diagnosis submitted by the victim of the crime of injury is not sufficient as evidence to directly prove the fact that the injury as mentioned above was caused by the criminal act of the defendant, since the doctor identified the cause of injury based on the victim's statement and stated the part, degree, etc. of the injury through the mobilization of medical professional knowledge, and then, it is insufficient to directly prove that the injury was caused by the criminal act of the victim. However, the date and time when the written diagnosis of the injury was prepared is close to the time when the injury occurred and the time when the injury occurred, and is particularly doubtful

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