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(영문) 수원지방법원 2017.07.12 2017고단457

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 23, 2016, the Defendant: (a) while drinking alcohol together with the Victim E (43) and other daily behaviors of the Defendant at the “D” shop located in Jeju on July 23, 2016; (b) on the ground that the Defendant was not aware of this part on the ground that the victim’s refusal to do so, etc., the Defendant did not clearly dispute this part; (c) however, the Defendant stated that the victim had sexually insulting speech to the female during the other daily behaviors and made a statement to the same effect as the Defendant.

The prosecutor of the beer’s disease, which is a dangerous object on the table, was prosecuted against the beer’s disease. However, as seen below, the Defendant determined that the damaged person was the price of the beer’s disease, and the Defendant assessed the damaged person from the investigation stage to the beer’s disease.

Since there is a statement that there is no risk of disadvantage to the defendant's exercise of his right of defense, criminal facts are corrected ex officio without changes in the indictment.

In addition, the victim got off one time.

As a result, the Defendant indicted the injury of the two skins open in which the number of days of treatment cannot be determined by the victim, while carrying dangerous objects as above, and the Defendant was charged with the injury of the flaps of the flaps of the flapsy that requires treatment for a period of 28 days. However, as seen below, it is not recognized that there is no other fact than once price of the victim due to beer disease, the Defendant’s injury caused by the Defendant’s above act is corrected ex officio without changing the indictment.

B. A.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. One copy of the record of investigation of E phone recordings;

1. The application of two Acts and subordinate statutes of Part 2 of the 112 Report Processing List, damage photographic data, photographs at the scene of crime, and death diagnosis report;

1. Criminal facts;