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(영문) 광주지방법원 해남지원 2017.08.10 2016고단528
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 15, 2016, the injured party D (the age of 24) spreaded a beer to the accused who did not stop even though he exceeded the Defendant's bar and reported him to do so at the F point located in Gun E around the south of 03:00 on May 15, 2016.

As a result, the Defendant sleeped the victim by hand at the above date, time, and place, and pushed the victim with the beer’s disease, which is a dangerous object on the tables, by hand.

The facts charged indicate that “the victim was faced with beer disease, which is a dangerous thing,” but according to the legitimate evidence investigation by this court, it can be recognized that the victim or witness did not accurately see what kind of beer disease was or how the defendant was sealed. Therefore, the facts charged was revised in favor of the defendant, according to the defendant’s statement.

As a result, the defendant committed an assault to the victim, resulting in approximately two weeks of medical treatment for the victim, resulting in a sacrificing of the victim, and carrying dangerous objects.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D, G, H, and I in part;

1. A medical certificate of injury and a medical record (D);

1. A damaged photograph;

1. Application of investigation report (to hear statements about the witness at the time of the instant case against the F Chief Director);

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 261 and 260(1) of the Criminal Act (the point of special violence) and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The Defendant alleged that the victim tried to studio the F point, and reported that the victim was intending to do so by hand, and that he was charged with the beer disease on the table table, without having any fact leading the victim to the beer disease, and there was no intention to commit a special assault against the victim.

2. Determination

(a) this Court;

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