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(영문) 인천지방법원 2018.01.22 2017고합718

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On November 27, 2015, the Defendant was sentenced to six months of imprisonment for a crime of obstructing the performance of special official duties in the Incheon District Court’s Branch Branch, and completed the execution of the sentence at the Incheon Detention House on May 1, 2016.

[Criminal facts] On July 24, 2017, around 23:15, the Defendant: (a) sought a flobial with the victim F (52 tax) in front of the E main shop located in Seocheon-si, Seocheon-si; and (b) went to the Defendant’s house located in Seocheon-si G.

When the injured party finds a house of the accused and walking the front door, the accused who is a sounder who called the door to open the door while opening the front door, and opened the front door, which is a dangerous object, has reached a part of the victim's left shoulder once.

As a result, the Defendant carried excessive goods, which are dangerous goods, carried the victim about three weeks of medical treatment, thereby damaging the diversity of the shoulder and the diversity of the arms and the diversity of the arms, and causing the heat to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A medical certificate, or a knife photograph taken in a suspect's residence;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the current status of personal expropriation), and Acts and subordinate statutes on personal expropriation;

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

1. Determination on the assertion of the defendant and his defense counsel under Article 35 of the Criminal Act for aggravated repeated crimes

1. Although the alleged defendant puts the shoulder of the victim into fruit, the victim's booms the defendant's house, and the victim's booms the defendant's booms and assaults the defendant's house, it constitutes a legitimate defense that the defendant bruss the victim to escape from violence of the victim.

2. The victim’s statements in the victim’s investigative agency and this Court are consistent in the main part of the judgment, and the victim’s attitude in this Court does not seem to have been made by referring to the victim’s false, advanced, and unexperienced.

The statements of the victim are made.