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(영문) 서울남부지방법원 2018.04.17 2017고단4828 (1)

특수상해

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A’s special injury at around 22:00 on May 1, 2017, at the main point of “C” located in Gangseo-gu Seoul Metropolitan Government, and at around 46:0, Defendant A left the victim’s head one time with the victim’s head, who was under drinking alcohol together with the victim D (46:3).

As a result, the defendant carried dangerous things and carried them with the victim who could not know the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of suspects of D;

1. E statements;

1. Investigation Report (F’s statement and on-site photograph attachment) [The D’s legal statement is not accurate memory of the situation at the time of the instant case, and it is not determined as the upper part of the upper part of the body and the upper part of the body at the price of the beer, and it is not determined as the upper part of the upper part of the body of the case, and thus, reversed the previous statement.

However, at the time of the police investigation conducted on June 10, 2017 after one month or more from the date of the occurrence of the instant case, D voluntarily recognized that “500c bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec)” and that there is no reason to make a statement contrary to memory even when considering the consistency of witness E’s legal statement in addition to the consistency and the structure of the witness E’s testimony in order to mislead the Defendant from the perspective of E, the Defendant can sufficiently recognize the fact that the Defendant prices D to be becirt as recorded in the charges.

In addition, it is reasonable to view that D's two sides were faced by the defendant's price, and blood was born in the process, and that D's injury suffered in light of the fact that D's blood and drug was prescribed for treatment and returned to the return, and that it was used for treatment, this constitutes injury in the crime of injury as it goes beyond the level of a wound that may normally occur during the daily life, even if there is no assault, and thus constitutes injury in the crime of injury.).

1. Relevant provisions of the Act concerning facts constituting an offense;