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(영문) 창원지방법원 마산지원 2017.05.16 2016고단1223
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, at around 04:30 on September 4, 2016, was in calculating the drinking value by having the victim D (hereinafter referred to as 45 years of age) who was in Changwon-si C, Changwon-si, Changwon-si, the Defendant did not pay a part of the amount by exceeding the Defendant’s physical card limit while calculating the drinking value.

Accordingly, the injured party changed the remaining parts of the defendant in cash to the defendant, "I do not have the drinking value", "I do not have the drinking value for the same year as the wals of the year," four empty beer diseases, which are dangerous objects, have been collected toward the victim, and among them, one empty beer disease was faced with the part above the victim's math, and one of the frequent beer disease was inflicted on the victim, who is in need of three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or F;

1. Medical certificate (36 pages of evidence records);

1. Application of Acts and subordinate statutes to a report on investigation (in relation to attaching field photographs);

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

1. Determination as to the defendant and his/her defense counsel's assertion under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount

1. There was no intention to inflict injury on the alleged victim.

2. In light of the following circumstances that can be acknowledged by the evidence duly adopted and examined by this court: (a) the Defendant intentionally committed a beer’s disease to the victim D; (b) the number of the existing beer’s disease exceeds four; (c) the actual victim suffered two open situations by having one of them; and (d) the number of employees F was more than the escape of the damaged beer; and (e) the Defendant appears to have intentionally committed a beer’s disease to inflict injury on the victim; and (b) the Defendant knew that the victim or F was about to injure the victim when the beer’s disease was on the part of the victim.

I seem to appear.

Therefore, the Defendant intentionally injured the victim.

It is reasonable to view it.

The defendant and defense counsel are without merit.

The reasons for sentencing are as follows.

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