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(영문) 대구지방법원 포항지원 2017.02.15 2016고단1197
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 19, 200, the Defendant was sentenced to 15 years of imprisonment with prison labor for murder in the Daegu District Court’s Port Branch, and was released on August 14, 2014 during the execution of the sentence, and the parole period passed on December 22, 2014.

At around 02:40 on April 12, 2016, the Defendant expressed the victim E and alcohol at the main point of “D” located in North Korea-gu, North Korea-gu, and expressed that “the victim gets off the victim’s body,” and said, “the victim gets off the main point and gets off the body,” and tried to remove the victim’s face, which is a dangerous object in the surrounding area, by taking the victim’s left part of the victim’s left part of the disease, knife the victim’s left part of the treatment day, and knife the victim knife the victim’s face.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to a report on investigation (a copy of a medical record);

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 under Article 35 of the Criminal Act for aggravated repeated crimes

1. The gist of the assertion was that there was no fact that the Defendant saw the Defendant as a shoulderer soldiers and displayed the victim towards the victim. However, in the process of the victim intending to see the Defendant, the victim was injured by the Defendant’s act, not by the Defendant’s intentional act, and thus, the Defendant should be acquitted.

2. According to the evidence duly adopted and examined by this court, the fact that the defendant was faced with a shouldered fluor's disease in a garbage tank in the course of dispute with the victim and the victim was in close vicinity is recognized.

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