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(영문) 서울남부지방법원 2020.11.30 2020고단3263

특수상해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:50 on April 8, 2020, the Defendant inflicted injury on the victim, such as a crogate, which is a dangerous object of the victim D (ma, 44 years of age) and singing rate, on his hand, at a six-time “Crogate” located in Guro-gu Seoul Metropolitan Government, and caused injury to the victim, such as a crogate, which requires approximately three weeks of treatment, by putting the victim’s head part on one time, and crogate, which is a dangerous object of the victim’s head on one occasion and having the victim’s face on one hand.

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

Summary of Evidence

1. D's legal statement;

1. A written statement by singing staff E;

1. Application of Acts and subordinate statutes to photographs of damage, on-site pictures, and written diagnosis of injury of D;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Social Service Order Criminal Act (hereinafter “Social Service Order”) denies the charges that the victim’s body was faced with the wall while the victim’s body was faced with the wall, and did not purchase the victim’s head in microphones. However, the victim consistently stated in the investigative agency to the present court that he/she was faced with the Defendant’s own body from the Defendant (in an investigative agency, the investigative agency was the first soldier, but the investigative agency stated that he/she was the first soldier, but the victim was not satisfed with what kind of material, but is certain material.”

Ro They made a statement to the effect that they had their head and subsequently followed violence.

As such, the victim’s body’s statement does not mean that “after the fighting began, the Defendant was using the Defendant’s equipment,” but it is difficult to view that the victim’s body was able to have consistency, accuracy, and specificity with the intent of “the Defendant was committed with an unexpected first attack.”

In addition, in the light of the relationship between the victim and the defendant, the victim's motive is sufficient to find the defendant.