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(영문) 수원지방법원 여주지원 2017.10.31 2017고단1138

특수상해

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for five months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A on August 17, 2016, who was sentenced to one year and four months of imprisonment for a violation of road traffic law (drinking driving) at the Suwon Friwon method, and completed the execution of the sentence on June 27, 2017.

1. Defendant B, around July 27, 2017, at around 09:05, the injured party, while drinking alcohol with the injured party A (the injured party) in the “H” operated by the Defendant in Ischeon-si G, Leecheon-si, when the injured party suffered approximately three times from the injured party’s face with the damaged party’s thirical defect.

As a result, the Defendant inflicted an injury on the victim, such as a non-furnal so that the number of days of treatment can not be known.

2. Defendant A, as at the time, at the time, at the places described in the above 1. paragraph, 1. At the victim’s face level from the victim’s (the above defendant) B, he tights the victim’s shoulder, and tights the victim’s shoulder, and then tights the victim’s head side, which is a product dangerous to the table, and flicks, flicks the victim’s face side side, and immediately flicks the victim’s face side side.

As a result, the Defendant carried dangerous articles and inflicted an injury on the victim, such as an open situation where the victim could not know the number of days of treatment, and the detailed contents of oral surgery.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. On-site and B photographs;

1. Medical certificates and records of medical treatment;

1. A written agreement;

1. Written inquiry about criminal history, etc. (Defendant A);

1. Application of Acts and subordinate statutes for inquiry;

1. Defendant A of the relevant Article of the Criminal Act concerning the crime: Articles 258-2(1) and 257(1)2 of the Criminal Act; Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Selection of imprisonment;

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. Defendant A to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant B of suspended execution: Defendant A’s assertion as to the assertion by Defendant A of Article 62(1) of the Criminal Act is alleged to the effect that at the time of the instant crime, Defendant A was in a state of mental and physical weakness or mental loss of alcohol exceeding the prime amount at the time of the instant crime, but can be seen by the record.