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(영문) 서울중앙지방법원 2015.11.19 2015고합866
중상해
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 19, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Seoul Central District Court, and completed the execution of the sentence on May 1, 2015.

On September 4, 2015, around 02:15, the Defendant sent music to nearby residents in the Jung-gu Seoul Central District Office C2 at the latest by night, and the victim D (the age of 48) toward the direction of the corridor, saying, the Defendant was aware of the victim’s desire to do so and set the time with the victim.

The Defendant, on the left side of drinking and hand floor, knenee knee knee knee knee knee knee knee knee knee knee knee knee knee knee of the victim, thereby causing injury to the victim's left side knee gnee mhee, etc. on the treatment days, and thereby resulting in the victim's left side gnee mick, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each written diagnosis;

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (pre-offenders of suspects and confirmations)-related Acts and subordinate statutes;

1. Article 258 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Judgment on the assertion of the defendant and his defense counsel under Article 35 of the Criminal Act among repeated crimes

1. The main point of the argument is that the defendant with the floor of the hand-to-face booms the victim's left side eye due to the victim's knick, and there was no intention to commit a serious injury on the part of the victim.

2. The offense of serious injury under Article 258(2) and Article 258(1) of the Criminal Act is established when the injury of the body results in an incurable or incurable or incurable disease. It is not only the case of intentional injury at the time of the harmful act, but also the case of intentional injury resulting from the harmful act if the harmful act results in a serious injury.

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