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(영문) 수원지방법원 안양지원 2018.06.19 2017고단897

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 19, 2016, the Defendant: (a) around 06:30 on August 19, 2016, the Defendant inflicted an injury on the victim, such as the Plaintiff’s loss of a baby who needs to be treated for about six weeks on the victim’s head, face, knee, and sloping by drinking, knee, and sloping.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Entry of part of the witness E in the third public trial protocol;

1. On-site photographs, such as the site, and the suspect E-mail;

1. Application of Acts and subordinate statutes to a medical certificate, certificate of release from entry, medical certificate of injury, and medical certificate;

1. The defendant and his defense counsel asserts that the defendant's act of assaulting the victim to defend himself constitutes legitimate defense, since the victim first assaulted the defendant, Article 257 (1) of the Criminal Act regarding criminal facts, and Article 257 (1) of the Criminal Act regarding the selection of punishment (the choice of imprisonment with prison labor) and defense counsel's assertion.

However, according to the evidence duly adopted and examined by this court, the defendant submitted a diagnosis of the victim's head, face, knee and knee, and clothes to the victim's head, knee and kneb, loss of the victim's fele in need of approximately six weeks of treatment, injury to the victim, such as greging, greging around the snow, greging, and greging of the rain, etc., which require approximately three weeks of treatment. The defendant suffered violence from the victim, and the victim suffered from violence, and the victim submitted a diagnosis of greging on the left hand, which requires approximately six weeks of medical treatment, constitutes an attack against the victim, and does not constitute a legitimate defense beyond the balance of legal interests infringement.

Reasons for sentencing

1. The sentencing guidelines shall be recommended;