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(영문) 수원지방법원 2019.05.09 2018고단6753
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

The defendant is between the victim B (n, 47 years of age) and the branch.

On October 2, 2018, at around 22:20, the Defendant, at around 22:20, performed alcoholic beverages together with the victim, etc., at around 3 times “Dju”, the Defendant was suffering from the victim’s talking that “nata management or well-faat” was hicking with the victim’s code.

As a result, the Defendant, carrying dangerous things, assaulted the victim and suffered bodily injury, such as cutting a peltos, which require four weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and E;

1. A protocol concerning the suspect examination of the accused;

1. B written statements;

1. Reports on internal investigation (the victim's internal investigation) and investigation reports (the E-Investigation of witnesses), investigation reports (Attachment, such as an injury diagnosis report, - the injury diagnosis report, opinion opinion, etc.);

1. The victim's photograph (the defendant and his defense counsel asserted that they did not have microfabab for the purpose of causing injury to the victim. The evidence duly adopted and examined by this court alone is insufficient to recognize that the defendant had exercised the same tangible force as the facts constituting the crime on the body of the victim with a conclusive or dolusent intent, and there is no other evidence. However, according to each of the above evidence, the facts that the defendant was sitting in the direction of the victim who was sitting in the tables, and the fact that the victim was injured due to such defendant's act may be sufficiently recognized) shall be applied to the law.

1. When considering the legal principles as to the interpretation of the penal provisions of Article 262, Articles 261, 260(1), and 257(1) of the Criminal Act and the progress of the amendment of the Punishment of Violences, etc. Act, and the newly established details and contents of Article 258-2 of the Criminal Act, the purpose thereof, and the history, text, and system of Article 262 of the Criminal Act, etc.

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