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(영문) 춘천지방법원 강릉지원 2016.07.21 2016고단149
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 7, 2016, the Defendant joined the victim F (65 tax) who was a customer with E in the indoor tolerance room of “D” located in Gangseo-si, Gangseo-si, 19:45 on January 7, 2016.

While the Defendant, while drinking with the victim, E, expected the head to the shoulder of the victim, and was faced with a scopic disease, which is a dangerous object on the back wall of the victim, and the prosecutor was indicted on the following facts: (a) while the Defendant was indicted, the Defendant: (b) stated that “I am a scopic disease, which is a dangerous object on the tables in front of the victim; (c) however, according to the witness F’s testimony, the above facts are recognized.

Even if this part is recognized as criminal facts without the revision procedure of indictment, it is judged that there is no disadvantage to the defendant's right of defense.

The part of the victim's knife had the knife.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the victim, such as the heat side, which requires medical treatment for about two weeks.

Summary of Evidence

1. Legal statement of witness F;

1. Partial statement of the defendant;

1. A medical certificate or on-site photograph (the defendant, without the intention of inflicting an injury on the victim, has broken the relevant person without standing to do so by himself/herself;

However, according to the evidence of the court, when the defendant sufficiently recognizes the fact that the victim may directly face with the illness of the victim or by the illness of the victim, the defendant faced the victim with the illness of the victim, and caused the injury to the victim.

person may be appointed.)

Application of Statutes

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

1. An agreement was made with the victim that the crime was committed during the period of probation for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and that there was a record of punishment for violent crimes on several occasions, and that the degree of injury was not much severe;

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