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(영문) 서울남부지방법원 2017.01.11 2016고단1109
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

At around 23:00 on November 3, 201, the Defendant, without any reason, performed alcohol with his name in Guro-gu Seoul Metropolitan Government “E (E)” while drinking alcohol together with his son and F, kiddd the victim C (39 years old)’s face once in drinking, and kidd the victim’s head with a dangerous object, and the Defendant, at the same time as the head of the victim’s head, kidd the victim’s head, and the victim’s head was injured by two weeks, such as the two skins, which require two weeks’ treatment.

Accordingly, the defendant, in collusion with F and F, sustained a dangerous article and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Statement of the police statement related to G;

1. Photographs of each victim;

1. On-site photographs;

1. A written diagnosis of injury (the defendant and defense counsel, although the defendant has a fact that he/she takes the face of the victim by drinking, the defendant asserts that he/she does not have the face of the victim due to a minor disease.

However, the victim's investigative agency and the victim's statement in this court that the defendant was at the time of the victim's head due to the following main illness is consistent and it can be sufficiently believed in light of the reliable attitude of the statement in this court.

On the other hand, the defendant completely denied that there is no assault of the victim at all by the investigative agency despite the victim's statement that the defendant abused the victim and witness's statement, and there is little time to drink the victim at the time of this court.

It is difficult to believe that the legal arguments of the defendant, such as statements, are inconsistent.

In light of the above evidence, such as the statements of the victim with credibility, the above argument is without merit since the facts constituting the crime in the judgment are fully recognized.

Application of Statutes

1. Articles 258-2 (1), 257 (1), and 30 of the Criminal Act concerning the facts constituting an offense;

1. Reduction of a small amount;

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