(영문) 대구지방법원 영덕지원 2018.05.23 2018고단20

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 영덕지원 2018.05.23 2018고단20

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

The defendant and the victim C(69 years) have a dispute over the ownership of the land in the name of the victim.

On October 5, 2015, at around 12:00, the Defendant, on the street, taken pictures around “E restaurant” (hereinafter “E restaurant”), which is a residence of the victim located in Young-gun, Young-gu, Gyeongdong-gun, and prevented the victim from taking pictures around the above “E restaurant” from outside, and caused a dispute with the victim, the Defendant saw each item, which is a dangerous object located near the said “E restaurant,” and inflicted an injury on the victim, such as breast-pathing, which requires approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against C;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs of the parts of the victim's body;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Determination as to the assertion by the defendant and his defense counsel under Article 62-2 of the Criminal Act on the observation of protection and observation

1. The gist of the assertion is that the Defendant only left a part of the victim’s head, not a part of the victim’s head, but a part of the shoulder once, and did not provide the victim’s face and the part of the chest on several occasions by drinking.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court, i.e., the victim, as stated in the facts constituting the crime, were met with the Defendant.

A consistent statement in an investigative agency, 2. The victim was against the defendant as above.

In full view of the following facts: (a) the part alleged by the victim and the part of the victim’s injury indicated in the medical certificate issued by the doctor of each other hospital after the occurrence of the instant case, and the part of the victim’s injury submitted are consistent with each other; and (b) the Defendant committed the same act as the criminal facts, thereby

참조조문

유사 판례

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