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(영문) 서울동부지방법원 2019.11.27 2019고단937

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 22:00 on October 13, 2018, the Defendant, while drinking alcohol with the human parts in the same construction site, such as the victim D(39 years of age) at the cafeteria B’s restaurant located in the following City B, and the Defendant, on the ground that the said victim was her obscated, and was her obscated on the ground that he was her her obscated, and was her bread, and was her flad, and was her face by drinking.

In addition, in front of the “E” in the vicinity of the city, the Defendant used cement bricks, which is a dangerous object in the vicinity, while driving the Defendant, while driving his body with the victim who driven by the Defendant, and she was in the war, and placed two parts of the victim’s eavesd, which require approximately two weeks of treatment to the victim.

Summary of Evidence

1. Each legal statement of witness F and D;

1. Each police statement made to D or F;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs taken on the damaged part of violence;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The defendant asserts to the effect that the victim's face was satisfeed by breathing the victim's bat, but the victim's face was satched by drinking, and that the cement brick was not damaged by the victim.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the third party witness of the situation at the time stated to the effect that “the victim was the victim,” and ② the victim also stated to the effect that he was the head of the police with the brick, and the victim’s injury part and degree, etc., as stated in the judgment of the court, the victim saw cement brick as stated in the facts constituting the crime in the judgment of the court.