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(영문) 대전지방법원 2017.09.08 2016고단4146
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 26, 2016, the Defendant inflicted injury on the victim D (29) who is a student of the same school on September 26, 2016, in front of the “Stel C Officetel”, and the victim D (29) and the C Officetel, which were in the city of vision, caused the Defendant to inflict damage on the victim, such as damage to the head of the Gu, accompanied by approximately two weeks of treatment, by leaving the string of dangerous object, putting the string disease on the part of the damaged person.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Legal statement of the witness D;

1. A protocol concerning the examination of suspect with respect to D;

1. Each written statement of D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs damaged;

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. Determination of the defense counsel's assertion under Article 62-2 of the Criminal Code of the Social Service Order

1. As to the facts charged in this case, the defense counsel's defense counsel asserts that the victim's upper part of the front part of the judgment of the defendant's body fighting with the defendant's body strokes and it cannot be deemed that the victim's injury was caused by the "stroke Byung". Since the main part of the judgment of the defendant's body fighting with the defendant's body fighting is not clear, the victim's injury cannot be deemed to have occurred by the "stroke Byung Byung". The victim's injury cannot be deemed to have occurred by the "sroak Byung Byung", and even if the injury of the upper part of the judgment of the defendant was caused by the stroke sroak stroke, this is naturally cured without any impediment to daily life, and it does not constitute a "injury" under the Criminal Act, and the defendant'

2. Determination

A. (i) In a criminal case, the injury diagnosis statement is the victim’s statement as to whether the injured party’s injured party’s wife is based on “definite injury.”

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