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(영문) 부산지방법원 2018.07.25 2018고단411
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

One seized net (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On November 30, 2017, around 09:20, the Defendant pointed out the Defendant’s working method at the Dtel construction site located in Busan Eastdong-gu, Busan, and expressed the victim E (64 years of age)’s desire to bring in money if the opening is defective, and expressed the victim’s desire to “if the construction of the opening is erroneous, it will not be done by bringing in money, and is interference with the setting,” and made a price on the part of the victim’s head (50cm in total length) which is a dangerous object that was parked in the boom.

As a result, the defendant carried dangerous objects with the victim about 2 weeks of treatment, and led the victim to a diversity, dives, and coordinates of the upper left-hand side of the victim.

Summary of Evidence

1. Legal statement of witness E, F and G;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The Defendant alleged that “the Defendant did not assault the victim’s body, and F did not flick the victim’s eye, and flick the victim’s eye.” However, in the case where the Defendant filed a complaint against the victim, the Defendant’s statement that “the victim was blicked by flicking the victim’s body, was blicked by flicking the victim’s body, and the victim’s body was flicked by flicking the victim’s eye, and the victim’s body was flicked by flicking the victim’s body,” it is deemed that the Defendant was blick at the time of fighting with the victim.

In addition, in full view of the body of one victim, the hole shown below the body of the victim, and the content of the treatment register, it is judged that the victim's wife was at a price proper for the victim (Provided, That because the victim was faced with the victim, it seems that the degree of injury was not excessive);

The testimony of E and F by the witness E and F that the defendant prices the victim as a victim is reliable.

Therefore, the defendant and defense counsel are not accepted.

The reasons for sentencing are as follows.

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