logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.07.12 2018고단5451
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around 00:55 on October 8, 2018, the Defendant: (a) divided the victim D(37 years of age) and talks with the victim D(37 years of age) who performed drinking in front of “C” located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) obstructed the victim by hand; and (c) caused the victim’s chest by plastic powder containing soil that is a dangerous object one time; and (d) suffered three parts of the victim’s face face, and caused the victim’s injury, such as “non-felg,” which requires approximately four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Photographss of the victim and picture at the scene immediately after the case;

1. Determination of the victim's assertion of each medical certificate, the victim's portrait photographs, and the defense counsel

1. The summary of the argument does not constitute “hazardous articles” with the plastic powder of this case.

2. Determination of whether a certain object constitutes a “hazardous object” under Article 3(1) of the Punishment of Violences, etc. Act ought to be based on whether the other party or a third party could feel a risk to life or body when using the object in light of social norms.

(2) According to the evidence and evidence revealed earlier, the portion of the chemical part of this case was destroyed by the victim due to the chemical part of this case, and it is reasonable to view that the other party or the third party may cause danger and injury to life or body sufficiently in the event that the other party or the third party makes up for the plastic chemical part containing soil. Thus, this constitutes a dangerous article.

Therefore, the above argument is not accepted.

Application of Statutes

1. The defendant, on the grounds of sentencing of Articles 258-2(1) and 257(1) of the Criminal Act of the relevant criminal facts, has the victim’s face, and the victim’s face is taken.

arrow