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(영문) 수원지방법원 2018.08.10 2017고단7201
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 16:00 on August 8, 2017, the Defendant suffered special injury: (a) around 16:0, at “C” located in Osan City B, there was a conflict with the victim D (at 43 years of age) and the victim D; (b) on drinking, the Defendant got her face and shouldered; (c) her head was faced with a dangerous object on the table; and (d) her head was her head; and (e) her head was her two parts and a half strings in need of medical treatment for about 14 days.

2. At the time, at the time, at the place specified in paragraph 1, the Defendant inflicted injury on the victim E (50) face, etc. of the victim E (50) who fightd with the Defendant, by drinking and drinking out, the Defendant sustained approximately 14 days of medical treatment.

Summary of Evidence

1. Each legal statement of the witness F, E, and D;

1. Each injury diagnosis certificate (E);

1. A medical certificate of injury (the No. 11 of the evidence list);

1. Application of Acts and subordinate statutes to investigation reports (the submission of suspect D first-aid certificates and photographs of injuries);

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2(1) and 257(1) of the Criminal Act (the occupation of an injury to carry dangerous articles), Article 257(1) of the Criminal Act (the occupation of an injury) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The defendant and his/her defense counsel's assertion on Article 62 (1) of the Criminal Code of the Suspension of Execution against the defendant and his/her defense counsel asserts that there is no fact that the defendant had a beer disease against the victim D, and that there was no fact that the victim E face, etc. was taken by drinking.

① The contents of each statement made by the victim D and E are consistent and specific in the main part of the crime, and the statements made by the victims are consistent with each other.

② 현장을 목격한 F 또한 이 법정에서 “D 가 사건 현장에 도착하여 피고인과 몸싸움을 하려고 하자 E 이 가운데에서 이를 말렸는데 그 과정에서 피고인이 E의 얼굴을 주먹으로 때리고 발로 다리를 찼다.

The defendant did not seem to have known the victim D that he was suffering from beer disease.

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