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(영문) 인천지방법원 2017.12.21 2017고합279
특수상해등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 28, 2016, the Defendant: (a) around 22:30 on January 28, 2016, “E” in the “E” operation of the Victim D (M, 59 years of age) located in Bupyeong-gu Incheon Metropolitan City.

“At the time of the instant claim, the victim’s timber was frightened, frightened from drinking to drinking, 2 to 3 times the victim’s head head head was frightened, and the victim’s head was frightened, and the victim’s head was frightened for about two weeks to undergo approximately two-day treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Part of the statement concerning D in the suspect examination protocol by the prosecution (including the part concerning the part concerning the defendant's partial statement in the suspect examination protocol by the prosecution on December 27, 2016);

1. Some statements made against the defendant during the police interrogation protocol;

1. Part of the statement made by the police against the defendant;

1. Some statements concerning D in the police interrogation protocol;

1. Part of each police statement made against D or F;

1. Each police investigation report (related to the details of reports filed D 112 for the dispatch of the scene);

1. A written diagnosis of injury;

1. On-site photographs and victim photographs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the gist of the assertion is acknowledged that the defendant gets the head of the victim's cell phone in order to find out the cell phone of the victim, there is no assault by the victim, such as cutting down the victim's neck or drinking spawn, and the act of taking the head's spawn is a justifiable act that does not go against the social norms, and its illegality is excluded.

2. The evidence duly adopted and examined by this Court.

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