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(영문) 전주지방법원 2019.06.25 2018고단2115

특수상해

Text

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

Reasons

Punishment of the crime

At around 21:00 on September 17, 2018, the Defendant, while drinking alcohol together with the victim D (the age of 45) within the liquor of “C” located in Jinjin-gu, Jeonjin-gu, Jeondong-gu, Jeondong-gu, Seoul. On September 17, 2018, on the ground that the victim said that he was aware of the existence of the Defendant, the Defendant laid down the part of the victim’s 500cc beer, which was favorable to the consignee, and caused the victim to have approximately three weeks of treatment.

Summary of Evidence

1. Legal statement of witness D;

1. Statement (D);

1. A report on internal investigation:

1. A criminal investigation report (related to attachment of a medical certificate);

1. Application of Acts and subordinate statutes to investigation reports (related to attaching photographs of damaged parts of a victim);

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

1. As to the assertion of the Defendant and his defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the Defendant and the defense counsel asserted to the effect that at the time, the victim left the Defendant’s arms and divers while spreading them, only the victim’s hump cited in the hump during the process of spreading them, and the Defendant did not have the intent to inflict any injury on the Defendant.

However, in light of the following circumstances that can be recognized by each of the above evidence, the above assertion is rejected, since the defendant can be found to have inflicted an injury on the victim's part of the victim's brue with her life brut.

① The victim D consistently stated in the investigative agency and the court that “in the course of talking by the Defendant, he brought the victim’s fingers with the beer’s mar in the beer,” and there seems to be no particular reason for the victim’s hand-off of the Defendant, citing the beer mar during his talking.”

② It is difficult to view the part of the victim’s injury as the part of the horse, ear, and neck, in the process of spreading the victim’s arms, as alleged by the Defendant, as the part of the victim’s arms.

The following circumstances in sentencing and the age of the defendant;