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(영문) 서울중앙지방법원 2019.05.30 2018고단7836
특수상해
Text

Defendant

A shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

The facts constituting the crime (defendant A) around 06:10 on June 26, 2018, Defendant A used meals at the “E” restaurant located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, for the reason that the victim C (the 30-year-old age) who used drinking alcohol at the same place was in dispute of the Defendant’s daily operation and harmony, Defendant A carried the victim by gathering a tree who is a dangerous object, and caused the victim’s bodily injury, such as an an abane of the son in need of treatment for about 21 days, by carrying a dangerous object with the victim.

Summary of Evidence

1. The respective legal statements of the defendant A and B

1. Each legal statement of witness F and C in each part;

1. A written diagnosis of injury;

1. The defendant's defense counsel in determining the defense counsel's assertion of the closed-circuit television (CCTV) video Defendant A asserts to the purport that it is unclear whether the victim C's injury was caused by the violence of Defendant A.

According to the evidence duly adopted and examined by this court, the fact that Defendant A got out of the victim C by carrying a tree with the victim in the course of physical fighting, which helps the victim go beyond the victim. As such, as long as Defendant A was exposed to the victim who is a dangerous object, and carried out physical fighting with the victim in the course of fighting, Defendant A did not inflict an injury on the victim, Defendant A’s above act constitutes a special injury crime under Article 258-2(1) of the Criminal Act, which provides for a crime of special injury under Article 258-2(1) of the Criminal Act, where the victim was injured by carrying a dangerous object and carrying the dangerous object, so the above assertion by the defense counsel is not acceptable.

Application of Statutes

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 of the Criminal Act:

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