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(영문) 춘천지방법원 강릉지원 2017.11.29 2017고단315

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 6, 2017, the Defendant stated that “A defect in conversation on the grounds that the Defendant did not repay the money to the said victim” at the clothing store operated by C victim D (V, 48 years of age) at the Dong Sea, but was refused from the victim, and the Defendant flicked the victim’s head one time on the ground of electricity, which is a dangerous object in the store.

As above, Defendant 1 placed the right side side to the right side in need of approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Application of the relevant photographs, related photographs (a CCTV images to the crimes of the suspect), diagnostic documents, and examination and treatment tea-related Acts and subordinate statutes;

1. Determination as to the assertion of the defendant and his/her defense counsel under Articles 258-2(1) and 257(1) of the Criminal Act regarding the crime

1. The defendant and his defense counsel asserts that the electrical difficulty does not constitute a dangerous thing.

2. Determination

A. “Dangerous articles” under Article 258-2(1) of the Criminal Act includes all articles that can be widely used to inflict harm on human life and body even if they are not deadly weapons. Thus, not only the articles created for the purpose of killing and destroying, but also the articles created for any other purpose, if they are used to inflict harm on human life and body, the term “hazardous articles” under the above provision. In specific cases, whether they constitute “hazardous articles” under the above provision should be determined depending on whether the other party or a third party may cause harm to human life or body if they are used in light of social norms. According to evidence duly adopted and investigated by the court, according to the method of using the articles in this case, the fact that an electrical accident used in this case can cause considerable harm to human life or body can be caused.