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(영문) 청주지방법원 충주지원 2018.05.30 2017고단963
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On September 10, 2017, the Defendant assaulted the victim’s face face one time on the way ahead of the C convenience store located in Chungcheongbuk-si B, Chungcheong-si, Chungcheongnam-si, Chungcheongnam-si, and the victim D (19 years old).

2. Special injury Defendant, on September 10, 2017, 06:20 on the front side of “F convenience store” located in Chungcheongnam-si, Chungcheongnam-si on September 10, 2017, was drinking together with the victim G (20 years old).

H Ha refers to the “brupted so as to be cruel,” and, as a result, fluor’s disease, which is a dangerous object that had been in the table, was fluored from the victim, and as a result, fluor’s disease was fluoring the victim’s left part of the snow, and caused injury to the victim, such as a snow pool, open body around the snow, which requires treatment for about 21 days by putting about 21 days of the victim’s left part of the snow.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. CCTV CD images (as indicated in its holding 2);

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. Each protocol concerning the examination of the police officers in relation to G, H and I;

1. Statement made by the police against D;

1. A medical certificate of injury (the investigation record 154 pages);

1. On-site photographs, CCTV CD images, and G damaged photographs (the Defendant asserted that he/she did not memory when he/she was a son, but according to the evidence above, the Defendant’s injury was found to have been inflicted on the victim G due to a son at the time.

Meanwhile, the above assertion by the Defendant appears to have been in a state of mental or physical loss or mental weakness at the time of committing a special injury to the victim G. However, according to the evidence as seen earlier, even though the Defendant was under the influence of alcohol at the time of committing the crime, it does not seem that the Defendant did not have or lacks the ability to discern things or make decisions.

Therefore, the defendant's argument cannot be accepted in any manner.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 258-2(1) and 257 of the Criminal Act concerning the selection of criminal facts

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