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(영문) 인천지방법원 2019.07.04 2018고단7609
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 16:00 on April 14, 2018, the Defendant drinking alcohol together at the house of the victim C (70 years of age) located in Nam-gu Incheon Metropolitan City, but drinking alcohol near the Defendant and the tenant living in the house of the victim, and drinking alcohol to the victim as a problem of electric rent of the tenant D residing in the house of the victim, the Defendant committed assault to the victim, such as drinking alcohol, drinking alcohol to the victim, and unloading the victim’s math and the parts of the bones bones of the body of light, thereby requiring approximately three weeks of medical treatment.

Summary of Evidence

1. C’s legal statement;

1. A certificate of injury diagnosis or a certificate of medical records;

1. On-site photographs, damaged photographs [the defendant and his defense counsel] stating that "the defendant has no fact at the time of the victim's death due to a fluor's disease. The victim faced with a portable burner as the victim under the influence of alcohol. The victim made a statement consistent and specific to the facts charged in the investigation agency and court. The victim made a statement in accordance with the facts charged consistently and specifically in the injury diagnosis statement. The fact that "the third party's injury is caused by a fluor's disease." On-site photographs (Evidence No. 11) where part of the fluor's disease is broken, the victim's statement is supported by the victim's statement.

Therefore, the facts charged are recognized.

However, according to the images of the damaged body, there is a fluoral body in the upper end of the victim's fluoral body, and it is somewhat different from the shape of the upper body that occurs when the upper body fluoral body fluoral body fluoral body fluoral body fluoralizes the victim's body fluoral body fluoral body, but when the victim's body fluoral body fluoral body fluoral body fluoral body fluoral body fluoral body fluor

Therefore, the defendant and his defense counsel are not accepted.

Application of Statutes

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

1. To drink with the victim under Article 62(1) of the Criminal Code.

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