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(영문) 창원지방법원 마산지원 2016.08.09 2016고단443

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 12, 2016, at around 02:30 on April 12, 2016, the Defendant performed drinking together with the victim E (44 years) who is the main point of “D” located in Changwon Mapo-si Mapo-si, Changwon-si, and divided talks about the problem of house operation of the Defendant’s operation, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Statement made by the police for E;

1. A criminal investigation report (related to commissioning an appraisal);

1. Each photograph (the defendant and his/her defense counsel did not neglect the head of a victim due to beer's disease);

The argument is asserted.

However, the following circumstances can be acknowledged by the above evidence, i.e., ① immediately after the instant case, the victim destroyed the glass door to the beer's disease after the Defendant was at his head with the beer's disease, and then the victim damaged the glass door to the beer's disease.

The statement, 2. The victim considered that it was from the head at the time of receiving treatment in this Court, and 2.

진술한 점, ③ 피해자는 이 사건 범행으로 두피 열상을 입어 6 바늘을 꿰맬 정도의 상해를 입은 점 등에 비추어 보면, 피고인은 위험한 물건인 맥주병으로 피해자에게 상해를 가하였다고

It is reasonable to view it.

The defendant and defense counsel's assertion is without merit).

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

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009; Supreme Court Decision 2009Da1448, Apr. 2, 2009)

1. Article 62 (1) of the Criminal Act (amended by Act No. 1137, Mar. 1, 201)