(영문) 창원지방법원 2021.02.17 2020고단3679

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(영문) 창원지방법원 2021.02.17 2020고단3679

특수상해

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 13:45 on September 11, 2020, the Defendant: (a) at the site of the apartment construction site B, the Defendant, in the order of loading and unloading of the victim D (the remaining and the 25 years old) and the stike pumps at the site of the apartment construction site C, and (b) had the face of the victim by hand, and the victim was tightly knicked with his desire to stop his hand, and caused damage, such as damage to the stimule of the right arms, following the need for treatment for about 2 weeks, when the Defendant threatened the victim by carrying a dangerous article (40cm in length).

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. On the spot and the damaged parts of the report, a written diagnosis of injury, a report of investigation (Attachment to vehicle box image images, and a photograph of the same siren carried by A), the Defendant and the defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense counsel, and the Defendant display the victim with a siren (40 cm in length), which is a dangerous object at the time, but this merely attempted to threaten the victim, and there was no fact that the victim was committed with the said object. We deny the facts charged.

According to the Defendant’s photograph, etc., the victim’s parts of damage did not appear to have resulted from a direct price by the instant siren, which is a dangerous object, but at least a considerable weighted, it appears that the said siren’s parts were generated in the process of drinking on the part of the victim’s arms. In this case, there is no difficulty in establishing a special crime of injury to the victim. Meanwhile, if the Defendant had expressed the siren’s parts of the victim’s head, who had significant weight, the Defendant had the intention to do negligence or special injury.

Since it is reasonable to see that it is against the defendant and his defense counsel.

유사 판례

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-대구지방법원 2016.02.12 2015고정2722

-대전지방법원 홍성지원 2018.04.18 2018고단77