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(영문) 인천지방법원 2019.10.04 2019고단1363
특수상해
Text

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

Reasons

Punishment of the crime

On January 26, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. in the Cheongju District Court's Chungcheong Branch branch on September 2, 2018, and completed the execution of the sentence in the Cheongju prison on September 2, 2018.

At around 06:40 on December 15, 2018, the Defendant: “C” restaurant in Pyeongtaek-si B; and the victim D (23 years of age) who performed drinking on the side table, had a dispute with the Defendant, and continued to hold the Defendant. After having collected an empty small-scale disease, which was a dangerous object on the table, the Defendant got the victim into the victim, and then, again, the Defendant saw an empty small-scale disease in the said restaurant, which was located in the small-scale box in the above restaurant, by putting the victim’s flab, and flading the part of the victim’s flab, and then flad the victim’s flab with the hand, flading the victim’s flab, and flading the victim’s flab.

As a result, the Defendant carried an empty cattle, which is a dangerous object, and inflicted an injury on the victim, such as light salt, dives, etc. for about two weeks in need of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning D;

1. A medical certificate of injury and photographs of each damaged part;

1. Photographs of the crime scene;

1. Report on occurrence of a crime, report on internal investigation, and notification to a department related to the report of a crime 112 case;

1. A criminal investigation report (STV image data verification), CCTV images-fashion photographs, and CCTV video CDs;

1. Previous convictions: Criminal history records and other inquiry report (A), investigation report (verification of repeated offense), one copy of the judgment, one copy of the confinement status of each individual, one copy of the consolidated case inquiry council, the defendant and defense counsel, and the defendant were placed in the side of the victim, and since the defendant's injury to the victim was committed without carrying the disease, the defendant's special assault crime can be established, and thus, it cannot be punished as special assault crime. However, according to the evidence duly adopted and examined by the court, the victim was committed while the defendant had assaulted the victim while carrying the disease.

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