(영문) 서울중앙지방법원 2018.10.10 2018고단3438

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자간(%)

(영문) 서울중앙지방법원 2018.10.10 2018고단3438

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 29, 2018, the Defendant: (a) around 15:20, around 15:20, the Defendant reported that the Defendant’s wife E (n.e., 61 years of age) of the victim D (n.e., 75 years of age) did not open a “bredrick” box, and took a book in a mountainic form; (b) the Defendant sent the victim’s face one time in a mountain (n.e., a dangerous object used by the victim, and deducted the victim’s face at approximately three weeks in consideration of the victim’s face at one time by taking the victim’s face into consideration on the right side.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made in D in a protocol concerning the examination of the police officers against the accused;

1. A photo of the damaged part;

1. A written diagnosis of injury (the defendant and his/her defense counsel asserts that there is no fact that the defendant has assaulted the victim with the intention to inflict an injury;

In light of the circumstances acknowledged by the evidence in the judgment, i.e., the issue of wearing a dog between the victim and the defendant's wife immediately before the crime of this case, and the physical fighting between the defendant and the victim following E was caused by the body fighting with a vision. The victim can be confirmed by the defendant's assault during the process that the victim suffered from a musta, etc. (which seems to contact with the inside chill) and the upper part of the entrance cream, etc., the defendant escaped along with the victim after the crime of this case, and the victim sustained the injury by assaulting the victim as described in the facts charged from the investigation agency to the court. The victim sustained the victim consistently.

In light of the fact that the statement is made, the credibility of the statement of the victim is sufficiently recognized, and even though the defendant was not intended from the beginning, it is not against the victim.

유사 판례

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