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(영문) 서울중앙지방법원 2019.06.25 2019고단543

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

On December 22, 2018, at around 01:15, the Defendant, on the ground that the service was not satisfied at 41 entertainment drinking house No. 41, 'C' of the Gangnam-gu Seoul (Seoul) B underground 1st century, “C” of Gangnam-gu, and the face of the victim D (38 years of age) and chests several times, and the frobbbing, which is a dangerous article on the tables, led the victim to the price of the head of the victim, and put about about 14 days on the right side for treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. Photographs;

1. The defendant and his defense counsel asserted that there is no fact that the defendant prices the ice by drinking, and that there is no special injury crime because the defendant tears the head of the shouldered disease, etc. by exceeding the floor of the ice.

However, the following circumstances acknowledged by the evidence revealed as follows: (i) the victim consistently stated that the defendant and the disputing parties consistently attempted to move out of the studio in the emergency room from the early stage of the investigation to the present court; (ii) the victim’s statement in light of the existence and consistency of the content of the damage; (iii) the victim’s statement in itself is reliable; (iv) the employee E, the victim, at the time of the victim’s escape from her head to her head; and (v) the victim’s statement that “the defendant was suffering from her head at the time of her head; (v) the victim’s statement in the emergency room following the response after the victim’s response; (v) the victim’s head is consistent with the victim’s statement in lieu of the victim’s statement; and (v) the victim’s statement in the emergency room by causing a considerable blood transfusion; and (v) there are no reasonable grounds to believe only the part of the damage caused by the victim’s statement in the charges.