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(영문) 대전지방법원 공주지원 2017.08.11 2017고단146

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On March 19, 2017, the Defendant: (a) around 17:15, the 17:15 Sinju-si, Sinju-dong 3rd floor C of Sinju-dong 360, the Defendant: (b) the victim D (57) who was in water was her bath, and (c) the victim was waiting outside the toilet as her hand for see-type pentp (14 cm) which is a dangerous object to report the victim's entry into the toilet; and (d) the victim was waiting outside the toilet. The victim was pushed the victim's body with the instant left hand from the toilet and pushed the victim into the toilet; (e) the victim's face, hair, head, and arms were 6 to 7 consecutive fnched so that approximately 2 weeks of treatment is necessary for the victim, and suffered injury, such as an open eye, etc.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to D, E, and F;

1. Each written self-statement;

1. A protocol of seizure and a list of seizure;

1. Investigation report (report on confirmation of details, etc. of victim D treatment), work report;

1. Application of an injury diagnosis certificate, medical records of prisoners, evidence photographing statute;

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

1. Article 48(1)1 of the Confiscation Criminal Act (hereinafter “Confiscation”) of the same Act provides that “The Defendant and his defense counsel asserted physical and mental weakness, and thus, the Defendant is deemed to have been subject to pharmacologic due to a stimulative disorder at the time, but, in light of the following: (a) even though it is recognized that the Defendant had been subject to pharmacologic due to physical and mental disorder, the Defendant was unable to have the ability to discern things or make decisions due to physical and mental disorder; and (b) in light of the process of committing a series of crimes that the Defendant was tending in advance and prepared to be used for the crime

[No. 3]

The defendant has a number of criminal records of the same kind, and the victim is a dangerous element.