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(영문) 의정부지방법원 2019.07.25 2019고단1093
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On March 10, 2019, at the time of 02:16, the Defendant, at the time of the Government-Si B, 14 days of vision, was tightly lided by the victim D(24 years of age) in his/her own title, and lided by the iron in its original form, which is a dangerous object in his/her place, was tightly lided by the victim. In line with the victim's head's body, the Defendant injured the victim for about 14 days in an open head cover which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of E;

1. Each statement prepared in D, F, G, H, and I;

1. Investigation report (verification and investigation of the crime committed at the site);

1. A written diagnosis of injury;

1. Application of field photographs, Cctv image Cd legislation

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

1. Determination on the assertion of the Defendant and his defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following grounds for sentencing)

1. The summary of the argument does not constitute a "hazardous article" as stipulated in Article 258-2 of the Criminal Act. The defendant's lids in the original form used for the crime of this case (hereinafter "lids in this case").

2. Determination of the danger of “hazardous goods” as provided in Article 258-2 of the former Criminal Act ought to be based on whether the other party or the third party could cause the danger of death immediately in light of social norms by comprehensively taking into account the circumstances, motive, usage of the goods, degree of violence, and consequences of the use of the goods in a specific case

(See Supreme Court Decisions 81Do1046 delivered on July 28, 1981, 99Do4146 delivered on November 9, 199, and 2007Do9624 delivered on January 17, 2008, etc.). In light of the above legal principles, the following circumstances, which can be recognized by the evidence showing the present case’s health stand and the aforementioned evidence, namely, ① the lid lid of the present case’s interest is in the original half form, and thus, the weight is not high, and the sphones and slicks are used on the surface thereof.

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