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(영문) 서울중앙지방법원 2020.05.27 2019고단7234
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 30, 2019, from around 11:00 to 11:10 on the same day, the Defendant, at the “Ccafeteria” parking lot located in Gangnam-gu Seoul building, the Defendant, and on the ground that the Defendant Do, a parking manager, took a bath to the female employees of the restaurant, the Defendant: (a) brought the victim’s humf to the victim on the ground that the victim’s humf, “nicking humbling hume to the young young hums; (b) the young humf, a mobile phone, which was a dangerous object cited by his humb, was humfed twice the victim’s humf and face; (c) the victim’s humf and face were humfed on several occasions; and (d) the victim was injured by the victim, such as unfumfinging the victim requiring medical treatment for about 21 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. CCTV CDs and CCTV-cap photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Under Articles 258-2(1) and 257(1) of the Criminal Act applicable to criminal facts of the crime (Article 258-2(1) and 257(1) of the Criminal Act, the defendant and his/her defense counsel asserted that the crime of special assault and bodily injury is recognized since the defendant did not inflict an injury upon the victim's cell phone price, which is a dangerous object. However, according to the CCTV images taken at the time, as the defendant is aware of the fact that he/she had a cellular phone in his/her hand as he/she turns out with his/her hand as he/she turns out with his/her cellular phone, he/she can recognize the fact that he/she strongly takes the part of the victim's left face with his/her cell phone (Article 11:47 of the Criminal Act): Provided, That the defendant's use of the mobile phone including the victim's cell phone at the time when he/she turns out with the victim's cell phone (Article 11:04:47 of the Act).

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