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(영문) 서울중앙지방법원 2018.10.02 2018고단3175
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 9, 2018, the Defendant: (a) around 22:00, on the ground that the injured party in the “D” restaurant located in Dongjak-gu Seoul Metropolitan Government, which was operated by the Victim B (V, 52 years of age) was physically friendly to the Defendant, and (b) took care of the chair, which is a dangerous thing in the victim’s head at a time and place near the victim’s head at a time, and took care of the victim’s head, etc., and dives the victim’s head, etc., and dives the part of the victim’s head, etc., and put about two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness B;

1. B written statements;

1. Application of the Acts and subordinate statutes on the diagnosis certificate of injury, photograph of criminal tools, and part of the body photograph;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act of the community service order [Recognizing the fact that the defendant has inflicted a threat on the victim's her blicker or the victim's suspect, the defendant did not leave the victim as the suspect;

However, according to the witness B's testimony and the written diagnosis of injury, and the upper part of the diagnosis, it can be acknowledged that the defendant gets the victim as a witness and suffered the injury as stated in the facts charged, and the witness E's testimony seems contrary to this, was the same as the defendant at the time of the defendant's death, and the contents of the witness E's testimony were the same as the witness at the time of the defendant's death, and the defendant did not see the face of assaulting the victim as a witness, even at the site, or even at the site, it was calculated that the defendant was unable to view that the defendant was at the time

It is difficult to believe by making statements.

Defendant’s assertion cannot be accepted.

The reason for sentencing is that the victim's assaulted the victim with a dangerous object to inflict an injury but did not compensate for the damage, and the circumstances favorable to the point that the victim was not able to receive a prudent: The degree of injury is heavy.

It is difficult to see that the defendant is old, and the age, sex, career, family environment of the defendant, motive and means of committing the crime.

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