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(영문) 서울동부지방법원 2018.06.15 2018고단85

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

Around 05:50 on January 2, 2018, the Defendant, while drinking alcohol at the house of Songpa-gu Seoul, Songpa-gu C and B01, and on the ground that D and E (63 years) are moving to the Defendant, was a dangerous object that was placed on the floor of the Defendant, and later, the Defendant, when making the face and head of the victim several times, inflicted an injury upon the victim’s face and head, making it difficult to know the treatment period.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A E-document;

1. Photographs and on-site photographs of victims;

1. A protocol of seizure and a list of seizure;

1. The 112 Report paper and the CD of a sound recording file [the defendant and his defense counsel only had the defendant at the time of the instant case, and the defendant did not have the face and head of the victim with the victim's panty as stated in the facts of the crime in the judgment, and the victim's panty did not have the face and head with the victim's panty, and the victim's panty was caused by the victim's spoking of her head on the wall.

However, at the time of the instant case, the Defendant and the victim

D under investigation conducted by an investigative agency, the victim was the victim at the time of the victim's head, etc. as stated in the facts constituting the crime in the judgment of the defendant, and the victim was reported immediately, and the police reported and stated that the defendant was dead before the arrival of the police, and there is no other circumstance to suspect the credibility of the above D's statement.

Defendant

The above assertion by the defense counsel is not accepted.

Application of Statutes

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) [the reasons for sentencing] of the Act on the Mitigation of Small Quantity [the reasons for sentencing] [the defendant is the latter pande that is a dangerous object without any particular reason while drinking alcohol.