beta
(영문) 부산지방법원 2017.08.22 2016고단4846

특수상해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 26, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of injury, etc. at the Busan District Court on January 3, 2014, and completed the execution of the above sentence at the Busan Detention House.

1. Around 04:50 on May 23, 2016, the Defendant injured the victim’s head part by putting the victim’s head part on a dangerous object, and putting the victim’s head part on a knife with a knife with a knife on the ground that the victim and G were in drinking alcohol with the victim F (37 years of age), G, etc. on the 11st main part of “E” located in Busan High-gu, Busan High-gu, and suffered injury, such as a two open flife, where the victim’s head part needs to be treated for approximately two weeks.

2. In the date, time, place, the victim G (34 tax) was sealed with the Defendant at the victim G (34 tax) at the time, place, and the Defendant brought the victim’s face and body face in drinking, blicking the victim’s face, and blicking the victim’s face. In addition, the Defendant blicked the victim’s face within the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. F statement concerning the defendant in the protocol of interrogation of suspect against the prosecution;

1. A protocol concerning the examination of each police in relation to F and G;

1. Photographs;

1. A written diagnosis of injury;

1. Investigation report (No. 14, 18 No. 500);

1. Previous convictions: The sentence of the judgment and the personal confinement status of the person (the defendant and his defense counsel shall set the victim's head head to the main ward at the date and place of the judgment of the defendant, and the victim's head to the main ward and did not have the head to the main ward due to the shoulderer's disease;

The argument is asserted.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the victim’s statement on the background of this case is reliable in a specific and consistent manner, ② the victim’s injury part, ③ the Defendant’s statement is not consistent and credibility is nonexistent, as stated in its reasoning, the Defendant’s head part is the main part of the victim’s disease.