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(영문) 서울남부지방법원 2017.01.25 2016고단2851
특수상해
Text

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

Reasons

Punishment of the crime

The defendant and the victim D(43) are golf instructors of F hotel G located in Gangseo-gu Seoul Metropolitan Government E.

On October 30, 2015, at the above G2's office around 18:00, the Defendant brought about four times the part of the victim's bridge with golf loan (120cm in length) which is a dangerous object of the victim's left side of the victim, while the victim took a free training course to the members in charge of the defendant's person on the ground that he/she did not take a training course for the defendant's person, and the defendant brought about four times the part of the victim's bridge with golf loan (120cm in length).

As a result, the defendant carried golf loans, which are dangerous objects, and carried about about two weeks of medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and H;

1. Part of the protocol (including the cross-examination) concerning the examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A medical certificate or an injury medical certificate;

1. A investigative report (the extraction ofCCTV images and investigation) and CCTV CDs;

1. Photographss of standing clubs and golf clubs;

1. Each medical records [The defendant and his/her defense counsel] show that, although the defendant affixed golf bonds, the defendant did not inflict any injury on the victim's left side by using golf bonds.

However, in the investigative agency and this court, the victim had been faced with golf loans by the defendant in the future. However, the victim had been faced with the left side of the side, such as the bones, etc.

The statements are consistent and concrete.

The images of each injury diagnosis issued by the injured person, each medical records, and photographs taken by the injured person are consistent with this, and the H’s statements given by the witness of the situation immediately adjacent to the time are also consistent with this.

The CCTV installed outside of the G2-story office, which is a crime place, does not seem to have a victim sit at the time due to the location of the CCTV installed, but the defendant golf loans.

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