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(영문) 서울중앙지방법원 2019.07.25 2019고단1872

특수상해

Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant is a Chinese national foreigner.

On February 2, 2019, the Defendant: (a) around 23:00 on February 2, 2019, on the ground that the victim B (V, 34 years of age) who caused the instant main contact, was seated on the Defendant’s seat between D main points located on the second floor of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul Metropolitan Government, and was able to drink alcohol.

(l) Low-interest d.

"At the time of debrising the victim's head knife by hand, the victim's head knife with his hand, and continuously damaged the victim's head knife by sticking to the table knife, which is a dangerous object on the table knife, the victim caused the victim's injury to the open upper part of the knife of the knife who is in need of approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Legal statement of the witness B;

1. Each written statement in B (the defendant recognized only the part which is the only one time of the victim's hair in the facts charged; the other part is denied; the detailed part of the victim's statement in the victim B's above evidence can be changed as little; however, the defendant's three parts of the statement in the victim B's free disease in the process are consistent with the main part that the victim suffered the injury in the process and the part that the victim suffered the injury in the strike; the victim's wife seems to be the injury due to the free strike; the prosecution also stated that the other person who is not the victim was displayed in the stage of the prosecution but the other person who is not the victim could be faced with the other person because the other person who is the victim was broken at the stage of the prosecution, it is judged that there was an incomplete intention in the special injury, and therefore all the facts charged are recognized as applicable in all the above facts charged).

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. Application for compensation;