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(영문) 서울서부지방법원 2018.02.21 2017고단3064
특수상해등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. The Defendant, on October 9, 2017, was seated in the “D” restaurant located in Eunpyeong-gu Seoul on October 9, 2017, and the Defendant was seated in the lower part of the Defendant.

E, without any special reason, takes a bath, takes a bath, takes a bath with the Defendant at the first day from the Victim F (son, 66 years of age) who performed drinking together with the Defendant, and after the date, the victim was fluored with fluorous hand, and the victim was fluored by fluoring the victim more than once, and caused the victim to suffer injury, such as a fluoring fluor, which requires multiple treatment for about 6 weeks.

2. In the same time and place as paragraph 1, the Defendant: (a) calculated the victim E ( South, 52 years old); (b) took up two beer and two beer’s disease outside the restaurant; and (c) shouldered out the restaurant at the entrance of the restaurant; and (d) followed the victim coming up by the restaurant parking lot adjacent to the restaurant, followed the victim, and display a beer’s disease facing the victim’s face and body to the face and body of the victim several times; and (b) the victim knife and flicked by another hand, while keeping the victim’s right-hand part of the victim’s disease being flicked by another hand.

Accordingly, the defendant used a shoulder beer disease, which is a dangerous object, to inflict bodily injury on the victim, such as a chest wall that requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. G statements;

1. Each injury diagnosis letter;

1. Application of each photograph and video statute;

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment, and the choice of punishment) concerning the facts constituting an offense, and Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury);

2. As to the Defendant’s assertion of the former part of Article 37, Article 38 subparag. 1 subparag. 2, and Article 50 of the Aggravation of Concurrent Crimes (an aggravated punishment for concurrent crimes with heavy special injury) of the Criminal Act, the Defendant and his defense counsel held that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

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