특수상해
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 became final and conclusive.
Punishment of the crime
At around 22:30 on February 23, 2014, the Defendant assaulted the victim, who received money from the victim C ( South and 63 years of age) on a drinking-up side, which is a cement brick that is a dangerous object, and inflicted an injury on the victim, such as a spathy, etc. requiring approximately four weeks of treatment.
Summary of Evidence
1. C’s legal statement;
1. A written diagnosis of injury;
1. The victim’s photograph [the victim was under the influence of alcohol, and the victim was frightened by himself, and the victim did not assault the victim. However, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by this court, the defendant can be fully convicted of the facts charged in this case. ① The victim stated consistently from the first report to the investigation agency and this court that the defendant was frightened with his face, and that the head was frightened by the wall. The victim’s statement is concrete and consistent, and is credibility in light of this court’s attitude of statement. The victim’s statement is also more concrete and consistent, and it is difficult to present any other reason. ② The victim’s appearance and degree of injury recognized in the victim’s photograph conforms with the form of the Defendant’s act alleged by the victim. Although the Defendant asserts that the victim was frightened by himself, it seems that the degree of injury is too heavy to view that the victim was frighted by himself, as alleged by the Defendant, and thus, it appears natural to escape from the scene.