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(영문) 수원지방법원 평택지원 2018.12.14 2018고단1500

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 04:00 on August 30, 2018, the Defendant of special injury to the victim C, on the ground that the victim C (38 years of age) located in Pyeongtaek-si apartment 103 Dong 303, 303, and E’s residence does not communicate with F, which is the victim’s three villages, and that the victim’s three villages does not come to contact with the victim, he saw the victim’s face with the kitchen, which is a dangerous object, at the time when the victim’s face is taken over by hand and drinking, and then, on the one hand, sealed the victim’s hand floor and the chest part of the victim’s face and chest part, which is a dangerous object, the victim’s face and chest were damaged by the string of about two weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant, as described in the above paragraph 1, suffered special injury to the victim E, while she was faced with C, she reported the victim E (40 knife) who was broken out in diving to C, and caused damage to the victim’s face on the knife, which is a dangerous object, to the face of the victim on the ground that the victim was unable to give good instructions to C, and caused damage to the knife’s face that requires medical treatment for about 10 days, by keeping the victim’s face in front of the knife, which is a dangerous object.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement in the second interrogation protocol against the accused in the prosecution

1. Each police statement protocol against C and E;

1. Investigation report (G statements);

1. Each injury diagnosis letter;

1. Application of each statute on photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The circumstances that are disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act: Imprisonment with prison labor for violent crimes.