(영문) 부산지방법원 2017.06.07 2016고단5482

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.06.07 2016고단5482

특수상해

Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 7, 2016, around 05:50 on September 7, 2016, the Defendant reported that the Defendant carried out pets and kis in the front of the Da located in Busan, Busan, the Defendant threatened the victim by breaking the main disease, which is an object dangerous to the victim. On the other hand, the Defendant abused the victim's face, distribution, bridge, etc. on several occasions, and inflicted injury on the victim by assaulting the victim's face, bucks, bucks, arms, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A medical certificate or an injury medical certificate;

1. The defendant asserts that the investigation report (the defendant asserts that there is no enemy who threatened the victim by leaving the victim's disease beside the victim.

However, the facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the fact that the defendant was under the influence of alcohol at the time of the instant case, the defendant's reporting that the victim was kid with another male, and thereby inflicted an injury upon the victim by assaulting the victim. The victim was at the investigative agency that the defendant was at the time of the victim's head as the main soldier.

In this Court, the defendant was not at the time of head from the main disease to the main disease, but at the time of decrising the main disease by leaving the main disease above the victim.

Although the statement is reversed, in light of the facts behind the crime of this case, considering the fact that there was a satisfy in favor of the victim at the place where the crime of this case was committed, the victim's injury part [the satisfy in favor of the victim, damage to the satisfy of the mouth and mouth, satisfying, and multi-satisfy on both sides of the victim], and the circumstances of this case, it can be recognized that the defendant was faced with a satisfy in favor of the victim by destroying the satisfy in favor of the victim, the defendant's above assertion by the victim cannot be accepted].

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 284 and 257(1) of the Criminal Act concerning criminal facts (each of them)

참조조문

-형법 제257조 제1항

-형법 제284조

유사 판례

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