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(영문) 서울남부지방법원 2020.01.15 2019고단3268
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 18:00 on April 27, 2019, at the E Center room operated by the Defendant located in Gangseo-gu Seoul Metropolitan Government, the Defendant brought about a dispute with the victim C due to the time-supper, and the Defendant was at the pressure of fraudulent materials, which is an object dangerous to the victim C, and faced with the victim C’s bridge. The above ground pressure supperization was consistent with the victim B’s threshold, and caused the victim C to undergo approximately 14-day treatment for about 14 days, and caused the victim B to undergo a suppering and suppering on the left side, which requires the treatment for about 14-day treatment.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness C, B, and F;

1. Mam photographs and victim photographs;

1. The Defendant and the defense counsel asserted that the Defendant had the horse of this case toward the floor that is not the victim C, and that the facts constituting the crime of this case cannot be recognized.

However, according to the evidence of the judgment, it is recognized that the defendant had been faced with the victim C during a dispute, and caused the victims to inflict an injury as stated in the judgment, in accordance with the euthanasia or a euthanasia.

On the other hand, even if the defendant was not directly matched by the victim C, and the victims suffered an injury, it may be recognized as willful negligence and shall not interfere with the recognition of the above crime, as seen below, even if the victims suffered an injury, as seen below. The willful negligence, which is a kind of intentional negligence, must have the awareness of the possibility of the occurrence of the crime, and further have the intention to review the risk of the crime, unlike the gross negligence.

Whether an actor has accepted the possibility of criminal facts or not is the general public based on the specific circumstances such as the form of an act and the situation of an act that was externally revealed without depending on the statement of the actor.

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