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(영문) 전주지방법원 군산지원 2018.10.10 2018고단621
특수상해
Text

1. The punishment of the defendant shall be determined by six months;

2. An application for compensation by an applicant for compensation shall be dismissed;

Reasons

Punishment of the crime

The defendant and the victim B (n, 45 years old) were D's employees in Gunsan City C.

At around 13:50 on May 13, 2018, the Defendant: (a) brought a dispute with D on the ground that the damaged person’s “Enice” was not an employee “Enice” who works together as the introduction of the Defendant; (b) brought the household gate (22cm in total length, 11cm in length) for the kitchen, which is a dangerous object at which the damaged person was making it difficult to do so; and (c) brought the injured person into his hand, brought the victim at the left part of the injured person.

As a result, the defendant put the victim into the heart before the left-hand side in need of approximately five weeks of treatment.

Summary of Evidence

1. Legal statement of the witness B;

1. Statement made by the police against B;

1. CCTV CDs (to watch through reproduction at the time of examination of a witness) and CCTV-cap photographs [the defense counsel and the defendant, while suffering from a dispute with a victim, they did not have the intention of special injury because of the lack of the victim.

The argument is asserted.

According to CCTV CD that was reproduced in particular at the time of the examination of the witness, among the above evidence, it can be recognized that the defendant committed a serious injury to the victim, and in light of the direction, angle, and result of the defendant committed a serious injury to the defendant at least, in the event that the defendant committed a serious injury to the victim.

It is reasonable to view it.

We will not accept the arguments of the counsel and the defendant.

Application of Statutes

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 (i.e., initial offenders and deposit of KRW 3 million) of the mitigated amount;

1. Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the scope of liability for damages is not clear only on the basis of data submitted by the applicant). In light of the degree of injury caused by sentencing, circumstances after the crime, etc., the Defendant deposited KRW 3 million for the victim, and the Defendant, the victim, and the surrounding persons.

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