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(영문) 대구지방법원 서부지원 2020.02.19 2019고단731
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 4, 2018, the Defendant, while drunkd at the Defendant’s house located in Daegu-gun Group B, and assaulting the Victim D, who was an employee of “C” operated by the Defendant, on the part of the Defendant, on two occasions by drinking the head of the victim.

2. Around 01:00 on October 5, 2018, the Defendant suffered special injury, while under the influence of alcohol and dispute with the victim D while drinking at the place as stated in the foregoing paragraph (1), brought about a breath who was placed in a ward on the ground that the victim did not alcohol and go back to his house, thereby bringing about about about about about two weeks of treatment to the victim by fit the head of the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Investigation report (verification of the instrument of criminal conduct), investigation report (Attachment to photographs of the victim's injury);

1. A medical certificate (D);

1. 철제 원형 의자 사진, 사진 2장 피고인과 변호인은 판시 범죄사실 중 특수상해의 범죄사실에 관하여, 당시 피해자가 피고인의 집에 들어와 난동을 피워 피고인이 화를 참지 못하고 옆에 있던 철제의자를 문 옆을 향해 던졌는데, 위 철제 의자가 벽을 맞고 튕기면서 피해자의 이마 부분을 스치게 된 것이므로, 피고인에게는 상해의 고의가 없었다고 주장한다.

The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the victim made a consistent statement from the investigative agency to this court to the purport that he/she was immediately faced with his/her own head; ② the structure of the defendant’s house living room; ② the wall of the defendant’s assertion that he/she was faced with the suspect; and the location of the wall of the defendant and the victim at the time.

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