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(영문) 서울서부지방법원 2017.01.18 2016고단3321

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person who resides in Mapo-gu Seoul Metropolitan Government or 106, 2016. 1

0. While under the influence of alcohol at around 14:30, 105 of the same Act, the victim was found to be “the victim’s branc defect” and led the victim’s hand while driving the victim’s hand, and the victim was faced with the bicycle in front of the victim’s home room, and the victim was faced with the bicycle in front of the victim’s home room (30 cm in total length, 13 cm in width and 44 cm in length in width and length in length in length) and brought about a brush, which is a dangerous object in the victim’s body located above the part of the victim’s body, and brought about the victim’s head several times with a decline and brought about about about about about about 2 weeks of the victim’s hand, and brought about the victim’s injury, such as dives of dys, damage to the body of the victim, open dys, etc. requiring approximately 2 weeks treatment.

In this respect, the defendant carried a dangerous article, and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. On the spot and photographs of seized articles;

1. Medical certificate (the victim was consistently challenged by the defendant from the investigative agency to the court)

A statement is made, consistent with the statements of the victim, on-site and photograph of seized articles (the 13th page of investigation records), and the defendant also recognized the fact that the victim was deprived of (the investigation records 48-52 pages, 96-97 pages, and the first trial date).

Application of Statutes

1. The decline in the sentencing of Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts is likely to cause the death of a person, and the risk of causing the death of a person is very high, and the victim was only limited to the injury requiring medical treatment for two weeks immediately. However, in light of the site and photograph of seized articles, the victim was likely to suffer a greater injury.