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(영문) 대구지방법원 경주지원 2016.10.26 2016고단245
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:50 on February 12, 2016, the Defendant: (a) made a d office located on the second floor of the C Building, on the ground that the victim E (the age of 42) who was a work partner with an unfluent appraisal of the fluent appraisal (the age of 11:5cm in length, the total length: 26cm in length) was able to take a dangerous object at the d office; and (b) made a dint of the victim’s face two times by drinking the left side of the victim.

As a result, the defendant carried dangerous things with the victim and inflicted an injury to the victim, such as an open room for the shoulder that requires treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The Defendant and the defense counsel asserted to the effect that: (a) the report of the occurrence of the case against special injury, the seizure protocol, etc.; (b) the virtual photo of the victim; and (c) the victim’s body pictures; and (d) the Defendant and the defense counsel have flicked the victim while she was flick; (b) the Defendant carried dangerous objects among the facts charged in the instant case; and

However, the victim made a statement to the effect that the defendant was sleeped by the victim in a relatively consistent manner from the investigative agency to this court, and considering the victim's body photographs, etc., the victim's intentional injury can be acknowledged. Even if the victim was flicked in the process of taking the victim's body as alleged by the defendant and his defense counsel, "a person who committed a crime of bodily injury by carrying a dangerous object" refers to the case where the victim carries a dangerous object or carries a body under the intention to use in the crime at the scene of the crime, and as long as the victim possesses a dangerous object under the intention to use in the crime at the scene of the crime, or actually uses it for the crime, the victim's perception or actually uses it.

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