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(영문) 광주지방법원 해남지원 2019.09.05 2018고단454
특수상해
Text

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

Reasons

Punishment of the crime

According to recognized facts, part of the facts constituting the crime was revised.

At around 00:30 on August 3, 2018, the Defendant: (a) committed an assault against the victim D(63 years of age) who is a neighboring party, while drinking alcohol together with his/her family members in Cpentado-gun B, which was operated by the Defendant, on the ground that the victim D(63 years of age) was found and satisfying, which is a dangerous object; (b) caused the victim’s back end end end end end lids one time; and (c) caused the Defendant to inflict an injury, such as duplicing fage, which is a flick of the victim’s chest, continuously going beyond the floor, taking the victim’s chest, walking over several times, and taking care of the victim’s chest, which is in need of six weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. A situation report, an appraisal report, etc.;

1. A medical certificate;

1. Each Defendant and his defense counsel asserted that, while the Defendant cited a lid from the time of the Defendant, he saw the victim's chest which was threatening to the victim and the victim's chests going beyond the floor, the Defendant and his defense counsel did not directly purchase the rear part of the victim's rear part and left chest.

However, from the time when the police first called out to the time of this court, the victim consistently stated the fact that the defendant prices the back part of the victim once by lids from the time when the police first called to this court, and that the defendant walked the victim's chest on several occasions.

목격자인 피해자의 처 E도 이에 부합하는 진술을 한 바 있고, 바비큐 그릴 뚜껑에 묻어 있는 것과 동일한 그을음이 묻어 있고 빨갛게 부어오른 피해자의 목 뒷부분이 촬영된 사진과 피해자 셔츠 가슴 부위에 피고인의 것과 동일한 족적이 발견되었다는 감정서가 위 피해자 진술을 뒷받침한다.

However, before the victim makes a statement at the prosecutor's office, the victim does not state the fact that he assaulted the victim's breast part of the chest, and the victim was assaulted.

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