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(영문) 광주지방법원 장흥지원 2018.05.17 2017고단192
특수상해등
Text

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

1. On August 24, 2017, the Defendant: (a) 01:40 on August 24, 2017, performed drinking on the table table of the convenience store, in front of the convenience store operated by the victim D, located in Heung-gun C, Seoul, the Defendant:

F fights without any particular reason, were cut off while fighting the horse, which is a dangerous object, and the table table was cut off and damaged by destroying the above table table which is equivalent to KRW 100,000 at the market price of the victim.

2. In the time and place specified in Paragraph 1 of the above Article, the Defendant: (a) pushed the Victim F, which was a dangerous object, and pushed the Victim F, with approximately four weeks of medical treatment; and (b) inflicted a bodily injury on the victim as to the right-hand part of the four weeks of medical treatment.

Summary of Evidence

No. 1 of the Judgment

1. Statement by the defendant in court;

1. Written statements of D;

1. Two crimes committed on the basis of a report on investigation (Attachment of a receipt for command);

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. A protocol concerning the interrogation of suspect with respect to F;

1. E external CCTV photographs and CD (Evidence No. 32) [Defendant and defense counsel did not have any intention to inflict any injury;

The argument is asserted.

However, according to the evidence of the aforementioned conviction, the defendant was aware that the victim was able to be injured by the shouldered alcohol disease, which is a dangerous article, and the defendant was able to be injured by the victim, because the victim was satisfed by a satisf, and the victim was satisfed by the satisfy. In light of the series of processes where the defendant was satisfyed by a satfy disease, which is a dangerous article.

Since it is reasonable to see the above argument, we cannot accept it.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1), 366 of the Criminal Act that provides for the choice of punishment (a point of destroying special property, choice of imprisonment with prison labor), Articles 258-2(1) and 257(1) of the Criminal Act (a point of special injury);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount (the following grounds for sentencing)

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