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(영문) 인천지방법원 2019.10.30 2019고단2362

특수상해

Text

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

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

Reasons

Punishment of the crime

On February 9, 2019, at around 07:00 to 08:00, the Defendant argued that the victim D (ma, 30 years of age) and drinking alcohol, which caused entertainment entertainment entertainment entertainment entertainment, are well driven by wake. On February 9, 2019, the Defendant argued that the victim had a tobacco butter facing the Defendant’s chest part of the Defendant’s chest, and that the beer’s disease, which is a dangerous object on the table, was on the left side of the victim, was on the part of the victim’s eye, and caused injury to the Defendant, such as the inner part and the check, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and E;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement made to D and E;

1. Written statements of D;

1. Reports on internal investigation (referring to photographs of damaged parts of a victim), reports on internal investigation (referring to investigations of reference witnesses), and reports on investigation;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination on the defendant's assertion of Article 62-2 of the Social Service Order Criminal Act

1. The gist of the assertion is that the defendant did not inflict an injury upon the victim after being sick by beer and beer.

2. The facts and circumstances found by the evidence duly adopted and investigated by the court of this case, namely, ① the victim, as stated in the facts charged in the instant case from the police to the court of this Court, was consistently stated in the following circumstances: (a) at the time when the Defendant, the principal guest, and the victim of entertainment entertainment in the entertainment drinking room, were faced with an injury to the victim; (b) the victim was consistently stated in the circumstance or situation where the victim was challenged; (c) the victim’s photograph taken on the day of the instant case on February 11, 2019; and (d) the injury diagnosis certificate issued on February 11, 201; and (e) the witness E at the time of the commission of the crime, 2.