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(영문) 창원지방법원 통영지원 2019.03.27 2018고단721

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 8, 2018, the Defendant, at the construction site of the apartment B at a large city on March 17:06, and at the construction site of the apartment, the Defendant, on the ground that the victim C (the aged 41) moved the construction materials on the bottom of the floor constructed by the Defendant, carried out the Defendant’s selling at one time, with approximately 100cm in length, approximately 4cm in width, approximately 1.5cm in thickness, and approximately 1.5cm in thickness.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

【As to the recognition of the alteration of the criminal implements: The facts charged indicate that the defendant had sold the victim's arms at each item (100 cm in length and 5 cm in thickness). The defendant has consistently changed from the investigative agency to this court. It is insufficient to recognize the facts charged that the victim's police statement, the victim's interview report on the occurrence of the case, and the photograph attached to the interview report (the bottom of 5 pages in the investigation record) are difficult or difficult to believe. In other words, in this court, the victim used the expression "compise" as to the criminal implements, and stated that the victim's statement to the effect that 20 cm in thickness and 4 cm in width is no memory or that the thickness is an apartment site. In light of the fact that the place where the crime was committed is an apartment site, it is difficult to exclude the possibility that the above photograph is irrelevant to this case. However, it is recognized that the victim's arms suffered from each of the victim's arms at each of the judgment, and the defendant's defense counsel can easily recognize the defendant's defense right of the case.