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(영문) 대전지방법원 2020.01.29 2019고단2511
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Around 08:00 on May 14, 2019, the Defendant: (a) sent the victim D (manam and 31 years of age) to a small-scale illness, which is a dangerous object on his/her customer, on the ground that the victim was under influence of alcohol and had his/her head once a single time; (b) caused the victim to face the victim's her head by pushing the victim's her body with the victim's her face and her he/shed; and (c) sold the victim's face to drinking and her knee with the victim's face on the right side of the treatment days, and caused the victim to suffer from the victim's hair and shed with the victim's face.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. E statements;

1. Application of a copy of photograph, medical record, etc. and Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Social Service Order Criminal Act

1. 주장의 요지 피고인은 D에게서 빰과 목, 턱을 맞았고 이에 반격하면서 주먹으로 D의 얼굴을 때리고 무릎으로 D의 코 부위를 때린 사실은 있다.

However, the Defendant cited an illness, not D, but D, but the Defendant was suffering from an illness following the Defendant’s inner wall, and there was no fact that the Defendant was suffering from D’s head due to an illness, and only went beyond D’s opposite direction to a singing machine, and there was no civil fact that the clients go to D.

Therefore, the simple injury crime should be applied to the defendant's act, not a special injury crime.

2. Comprehensively taking account of the following circumstances that can be acknowledged by the evidence of judgment, the facts that the defendant used the name of the principal branch of the lawsuit and the consignee as stated in the facts constituting the crime can be acknowledged.

1. D was a 's police officer' to a 's station officer'.

Heroopa eropha.

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