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(영문) 서울중앙지방법원 2019.01.16 2018고단3705
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On February 28, 2018, at around 01:55, the Defendant took part in drinking together with 'C' restaurant in Seocho-gu Seoul Metropolitan Government 'C' D(28 years of age) with a female-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child

As a result, the defendant carried dangerous things and inflicted injury on the victim by the 2, 3 balance of 5 weeks of the left-hand hand in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to photograph victims, on-site photographs, each written diagnosis, investigation report (to hear statements of victims), investigation report (to submit a victim's D diagnosis report, etc.);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The defendant asserts that he only carried D's left side by putting an empty bottle, and that he did not sell D's left side with a shouldered softener disease.

2. As evidence that the Defendant seems to have taken the left side of D on the part of the shoulder-sick bottle, there is only a statement of the police officer against D, stating that “The Defendant was trying to take the shoulder-sick and obstructed it into the left arms, and the part of the knife is teared in the shoulder-sick bottle, and the knife with damage to the 18th century, and is being treated in the course of an operation to flife the 18th century.”

However, the Defendant made a statement from an investigative agency to this court to the effect that “I have sold D’s left side to an empty ward.”

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