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(영문) 서울동부지방법원 2017.01.19 2016고단1154

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for ten months: Provided, That 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

The defendant is deaf-mutes.

가. 2015. 5. 4. 자 범행 피고인은 2015. 5. 4. 17:40 경 서울 송파구 C에 있는 ‘D’ 커피 숍 앞 도로에서 피해자 E이 피고인에게 윷놀이에 돈을 걸지 말라고

On the ground that Si expenses were flaged, the victim was flaged with roadside trees (130cm in length, 5cm in diameter) in the vicinity, and was flaged with the shoulder part of the victim, flaging the victim's shoulder, taking over the victim's shoulder, and taking over the victim's face from drinking, and flaging the victim's face into drinking for about six weeks, resulting in an injury, such as a non-flag, which requires approximately six weeks of treatment.

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

나. 2016. 4. 8. 자 범행 피고인은 2016. 4. 8. 18:05 경 서울 송파구 석 촌 호수로 197 석 촌 호( 서호) 사거리 공원에서 윷놀이 구경을 하던 중, 피해자 F(48 세) 이 자신의 몸을 더듬자 손으로 피해자를 밀었다.

Accordingly, the victim, who led the defendant's shoulder, was in the floor by cutting the victim's shoulder, and the victim saw the victim's neck again, and saw the victim's neck as well as the victim's body and face by cutting a stone of the size of drinking, which is a dangerous object that was around the victim and cutting down the victim's neck into one arms, and driving the victim's head and face toward the victim's face.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of Acts and subordinate statutes to written statements, photographs, a detailed statement of receipt of reports, records of medical treatment, and medical certificates;

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

1. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;