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(영문) 부산지방법원 서부지원 2018.10.23 2018고단787
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 30, 2018, the Defendant: (a) around 08:30, around 08:30, the victim E working together and the bus cleaning with each other; and (b) had the body fighting with concrete bricks, which are dangerous objects on the cleaning box at that place, and had two-day medical treatment for the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each investigation report and report on the results of investigation;

1. Medical certificate [The defendant and his defense counsel] The following circumstances revealed by the evidence duly adopted and investigated by this court that the victim was suffering from the victim's concrete brick, because the defendant was a victim who had several meters away from the victim's concrete brick, but the victim argued that there was no victim's contact. In other words, the victim was at the time of the victim's head with concrete brick in the situation where the victim was suffering from the investigative agency to the court.

In full view of the fact that the defendant and the victim have credibility in the above statement of the victim, the defendant and the victim immediately before and after seeing the defendant and the victim, the defendant and the victim have left a concrete brick to the victim's two sides, and the defendant have expressed their intention to recognize the defendant's mistake to the employer on the day of the instant case and bear the costs of the victim's treatment, the defendant can sufficiently recognize the fact that the defendant inflicted an injury, such as the fact of the crime, on the part of the victim's head, with concrete brick, the defendant and the defense counsel cannot accept the above argument).

Application of Statutes

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

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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