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(영문) 부산지방법원 2020.11.11 2020고단2806
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 20, 2020, the Defendant: (a) around 03:00 on February 20, 2020, at the 9th floor of the Busan Jindong-gu B building, the Defendant saw two-way disease, which is a dangerous object on the table, while drinking alcohol together with D with the victim D, and had been doing any dispute.

As a result, the defendant had an open room for the victim, who needs treatment between approximately two weeks, and open room around the snow.

Summary of Evidence

1. Written statements of D;

1. The defendant and his/her defense counsel denied the facts charged that there was no violence against the victim as described in the facts charged while dissatisfied with the victim. In cases where the victim reverses his/her statement to investigation agency in the court, it should be carefully determined whether he/she has credibility in his/her statement by sufficiently examining the motive, reason, circumstance, etc. leading to the reversal of the statement in the court (see, e.g., Supreme Court Decision 2020Do2433, May 14, 2020). The victim suffered injury with a deadly weapon on the day of this case, and reported an accident to the police at the scene, "at the time of contact with the defendant from an elementary school, he/she was known to him/her," and "at the time of his/her oral appearance, he/she visited the defendant on the day of his/her oral appearance," and "at the time of his/her oral appearance and her oral appearance on the day of this case, he/she visited the defendant's own body on the day of this case."

2. An open room for gale and gale shall be diagnosed as a sick person.

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