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(영문) 제주지방법원 2019.06.21 2018고단867
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around 20:50 on March 1, 2018, the Defendant: (a) at the “C” restaurant in Seopopopo City B, and (b) at the “C” restaurant in Seopo City B, and (c) at the “F” restaurant, including the victim D (22 years of age), victim E (27 years of age) and the victim E (27 years of age), suffered bodily injury to the said D, including the head and other part of the public part of the body requiring medical treatment for 14 days, where the victims were collected, and the Defendant sustained bodily injury to the said E, such as two open body, which requires medical treatment for 14 days.

Summary of Evidence

1. The statements made by witnesses E and D in the second trial records;

1. Partial statement of witness G in the second protocol of the trial;

1. Statement made by a witness H in the third protocol of the trial;

1. A written statement of I;

1. Determination as to the assertion of the defendant and his/her defense counsel regarding on-site photographs, diagnosis reports, injury diagnosis reports, and placement

1. 주장의 요지 당시 피고인은 피해자들을 향해 고의로 철제 의자를 던진 것이 아니라 철제 의자를 피고인 옆에 놓인 테이블에 내리쳤는데 의자가 분리되면서 튕겨나가 피해자들에게 맞은 것이므로, 고의가 없어 특수상해죄는 성립될 수 없고, 철제 의자는 위험한 물건에도 해당하지 않는다.

2. According to the evidence adopted by this court and examined by this court, the victim E, who was in distress of the victim from the table table to the place where the victim was present, from the bar table to the place where the victim was seated, the steel agents first string the victim D, and then shootd the victim E, which led to the d, the size of 3.5 cm above the 3.5 cm. E suffered from the inside side of the body of the body of the body of the victim, and the size and degree of the above body of the body of the body of the victim. In light of the above, in light of the above size and degree of the body of the body of the victims, it seems that the intensity of the external force caused to the victims would have been considerable, on the other hand, it was not damaged (the statement by the witness G), etc.

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