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(영문) 대전지방법원 서산지원 2019.10.24 2019고단243
특수상해
Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. On November 23, 2018, the Defendant suffered special injury to the Victim B: (a) on November 23, 2018, in the course of 22:29, the Victim B (the age of 45) and breathing disputes arising in the course of breathing with the Victim B (the age of 45) from the C Building D, which are highly dangerous objects in the said area, and caused injury to the Victim B, such as a brudy grass and open body around the snow that require approximately two weeks of treatment.

2. The Defendant was indicted for special injury to the victim E on the ground that the victim E (the age of 35) tried to restrain the Defendant from assaulting the Defendant’s defense right as described in paragraph (1) at the time and place described in paragraph (1) and on the ground that the victim E (the age of 35) tried to restrain the Defendant’s assaulting B, as described in paragraph (1) 1, by an empty beer who is a dangerous object cited by the Defendant’s hand as described in paragraph (1). However, the prosecutor on the part of the victim’s worship was indicted for the Defendant’s head once due to an empty beer who is dangerous for the Defendant, but as seen thereafter, the Defendant’s statement by the witness E can be recognized as having caused the Defendant’s body and worship due to an empty beer disease by taking account of the witness E’s statement, etc., and it is determined that the Defendant did not materially disadvantage the Defendant’s exercise of the Defendant’s defense right, and thus, the Defendant’s indictment should be acknowledged ex officio without the procedure of modification.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Class B of the interrogation protocol of the second interrogation protocol of the defendant against the defendant

1. The police statement concerning F;

1. A written statement prepared by B;

1. A report on investigation (Attachment of a medical certificate), and a medical certificate (B);

1. The defendant and his defense counsel asserted that there is no fact that the defendant had the head of E due to an empty beer disease. Thus, the defendant was slicker, and the witness.

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