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(영문) 부산지방법원 2017.10.18 2017고단1035

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

1. On January 1, 2017, around 08:10 on January 1, 2017, the Defendant engaged in the crime referred to in subparagraph B C, which is the residence of the victim E (n, 26 years of age) located in Busan Jin-gu, Busan, and caused the victim repeatedly to sit (the 's quota') on the ground that the victim did not perform the duty to be the victim, but the victim was unable to properly do so. As the victim was unable to properly do so, the Defendant inflicted on the victim’s right side by water disease (a approximately 30 cm in length) of the source of ice lease, which is a dangerous object used in his/her hand, one time, and twice at the left side buckbucks where the victim could not know the number of days of treatment.

2. The Defendant committed the crime in F G around January 1, 2017: F G L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A report on investigation - photographs of the victim's injuries and photographs of the criminal tools;

1. Each recording record, the Defendant’s and E’s I message (see, e.g., Supreme Court Decisions 81Do1046, Jul. 28, 1981; 2007Do3520, Mar. 26, 2009; 2007Do3520, Nov. 31, 2016); and the issue of whether certain articles constitute “hazardous articles” under Article 258-2(1) of the Criminal Act should be determined depending on whether the use of the articles could cause harm to the life or body of the other party or a third party in light of social norms (see, e.g., Supreme Court Decisions 81Do1046, Jul. 28, 1981; 2007Do3520, Mar. 26, 200