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(영문) 청주지방법원 2018.12.19 2018고단2041

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2018, the Defendant: (a) at a dry field suitable for C in the Cheongju-si, a U.S. on the 08:00 on June 8, 2018, caused damage to the Defendant who was not the husband of the victim D (in this case, 7 years of age) and who was not the husband of the victim. (b) Whether the Defendant “I know that the husband was the wind of the Defendant.”

“Abscising the victim with a view to a dangerous thing located on the ground floor, and continuously gathering the victim’s right, as well as continuously maintaining the improvement, which is a dangerous thing, with the victim’s “s dead,” sound, and with the other hand, with the victim’s humbling and selling.

As a result, the defendant carried dangerous objects and carried them for approximately three weeks of treatment to the victim, and carried them into two sides of the supervision, which requires the treatment of the victim.

[Defendant and defense counsel asserted that the defendant only flapsed by the victim and did not have any fact that the victim did not have any flab or improved. However, the records acknowledged by the victim specifically stated the facts of damage consistent with the facts charged from the police investigation to this court, and the witness E also testified that the defendant had been able to improve and threaten the victim.

In light of the fact that the statement, the medical certificate of injury, the part of the injury and the damaged photograph suffered by the victim, and the video of the photograph taken by E at the time of the instant case, etc., the summary of evidence is found to have been proved without any reasonable doubt that the Defendant carried dangerous objects, such as facts constituting the crime, and caused the injury to the victim.

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: