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(영문) 대전지방법원 2017.11.20 2017고합88

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 6, 2016, the Defendant held the victim’s clothes at the “E” restaurant operated by the victim D (47 S) located in Asan-si, Asan-si on July 6, 2016, using a knife blade, which is a dangerous object in the main room, at least 16.5 centm of the knife, once, the victim’s clothes at the left-hand side of the treatment days. The facts of the instant case are as follows: “I hear the words “I am on one occasion from the victim during a dispute with the victim’s wife and I am.” However, the evidence submitted by the prosecutor alone is insufficient to acknowledge the said part of the charges, and there is no other evidence to acknowledge it.

Summary of Evidence

1. Legal statement of witness F;

1. The part of statements made by the Defendant after voluntary accompanying the witness D, G and earth to the Defendant is excluded; and

part of each legal statement

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. A criminal investigation report (Analysis of recorded files filed by suspects 119), CD-recording, recording recording, and two copies of recording;

1. The part of the protocol of seizure (voluntary submission) dismissed as evidence on the second-time date for pleading preparation in accordance with the evidence of the defense counsel mentioned therein, shall be excluded;

List of Seizure

1. The part of a copy of the medical record that is dismissed on the third time as the date of preparation for pleadings, in accordance with the part of the defense counsel’s evidence mentioned therein, shall be excluded;

Copy of medical records (written instructions, etc.), CD 1 (CR, CT video for the victim)

1. On-site photographs;

1. Responses to requests for investigation cooperation and emergency medical services activities;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the degree of injury, non-existence of punishment, previous conviction, etc.);

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The summary of the assertion was that the Defendant knifeed the victim.