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(영문) 수원지방법원 안산지원 2016.02.17 2016고단146

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On January 16, 2016, the Defendant: (a) around 23:33, at the Defendant’s residence located in Ansan-si C 4th floor of the members of Ansan-si, the Defendant: (b) reported the victim E (44 years of age) residing in the same Gosi-si to avoid disturbance under the influence of alcohol; and (c) caused the Defendant’s assault, such as the victim’s walking into the room and walking out and walking out due to the Defendant’s view, she saw the victim’s snow by drinking; (d) at drinking, she frightened the victim’s snow, and took dangerous things in the room (24 cm in length, 13 cm in length); and (e) caused the Defendant’s injury, such as the victim’s walking and walking out for about three weeks of treatment.

Accordingly, the defendant used dangerous objects to inflict bodily injury on the victim.

Summary of Evidence

1. Statement made by the police for E;

1. Each injury diagnosis letter;

1. Responses to a request for cooperation in investigation;

1. The CCTV images inside the Gosiwon [the defendant and his defense counsel asserted that there was no fact that the defendant had shown the snow of the victim at the time, but the above facts charged can be fully acknowledged in full view of the above evidence, and the above argument by the defendant and his defense counsel cannot be accepted] is applicable to the law.

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Act for the crime of this case lies in the occurrence of a part of the crime of this case.

Even if the defendant appears to have reached an agreement with the victim at the investigation stage, and the defendant is the first offender, considering the fact that the defendant denies part of the crime of this case, in light of the method of the crime of this case, the degree of damage, etc., the nature of the crime is not good, the victim still expresses at the prosecutor's office the intention to punish the defendant, and other reasons leading to the crime of this case, the nationality of the defendant, and the degree of damage.