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(영문) 청주지방법원 충주지원 2018.10.19 2018고단148
특수상해
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The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal records] On May 14, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Seoul Central District Court, and was provisionally released on March 30, 2016 while serving in the Seoul Detention Center. The period of parole terminated on June 11, 2016 and is currently serving as a repeated offender.

[2] On December 14, 2017, around 14:50 on December 14, 2017, the Defendant: (a) was in dispute with the victim E (the age of 49) and the head of ebbbb, etc. before the vinyl farm, and became in dispute with the victim.

피고 인은 위와 같이 싸우던 중 피해자의 팔꿈치에 얼굴을 맞아 바닥에 넘어지게 되자 바닥에 있던 쇠파이프( 길이 35cm, 두께 3cm )를 집어 들어 피해자의 머리를 2회 내리치고, 피해자의 옆구리를 2회 찌르고, 계속하여 발로 피해자의 허벅지를 1회 걷어찼다.

As a result, the Defendant carried a hack pipe, which is a dangerous object, and inflicted bodily injury on the victim for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Photographs related to violent incidents (per 11);

1. A written diagnosis of injury;

1. Criminal records: References to inquiries, such as criminal history (A) and the application of Acts and subordinate statutes on the acceptance status of individuals;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 21(2) of the Criminal Act exempted from punishment [The following facts are acknowledged according to the victim E’s legal statement.

(1) The victim has first expressed the will of the defendant and has his/her face face with his/her arms, and the defendant has exceeded the floor.

The victim was on the part of the defendant who was above the floor, and the defendant was at the bottom of the victim and the victim was at the seat of the victim.

(2) When the defendant is faced with trees, he/she has carried and displayed goods to get away from the trees.

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