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(영문) 인천지방법원 부천지원 2018.03.28 2017고단2856

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

To the extent that it does not harm the identity of the facts charged and the defendant's right to defense, part of the facts charged was revised and stated in accordance with evidence.

On June 26, 2017, around 15:32, 2017, the Defendant: (a) laid a stone, which is a dangerous object that the victim C (58 years old) was under the influence of alcohol in front of a wood park, and caused injury to the victim, such as double dyp, cerebral, cerebral, and cerebral, in which the number of days of treatment cannot be known to the victim; and (b) laid down the head of the victim’s head.

[Defendant and defense counsel asserts that although the defendant's main purpose is to recognize the fact that he was the victim, there is no fact that he was the victim.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the fact that the defendant inflicted an injury upon the victim's head can be found.

The defendant and defense counsel are without merit.

(1) From the date of the instant case to the date of the instant case, the victim consistently got shocked to fit a stone instead of drinking, and opened a stone away from the floor of the container, the victim stated that she was able to see himself/herself due to the following:

② According to CCTV images, it cannot be confirmed whether or not the defendant saw a stone on his hand. However, it can be confirmed that the victim saw the head of his/her body from the defendant and sees the face of his/her body.

The victim has reached a lot on the part of the defendant, and 3 cm of 3 cm from the defendant.

It is judged that it is not an injury that can be caused by drinking, and it is believed to be the victim's statement that it is not an injury.

3. In this Court, the Defendant did not drink at the time, but did not memory the day he inflicted an injury on the victim, and he did so only when he did so on the part of the victim at the time of driving.

Because of the fact, it is against it.