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(영문) 광주지방법원 장흥지원 2017.04.13 2016고단234
특수상해
Text

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

Reasons

Punishment of the crime

The defendant, who is engaged in the urban gas construction business, has a general dispute over the problem of securing victims C and customers who have operated the same type of business.

At around 19:30 on September 21, 2016, the Defendant disputed with the victim as above, saying, “I will die and die, I will see that I will not leave the victim any longer as before the victim during the 1st show in the South-Yung-gun, Seoul Special Self-Governing Province, which read, “I will die, I will see, I will see, I will see, e.g., that I will see, e., “I will die, I will see, and will be legally responsible,

The reason is that: (a) extracting and threatening each item, which is a dangerous thing for the victim’s own reason; (b) catching the victim’s chest and kiding the victim’s hair with his head; and (c) continuously making the victim wear with his hair; and (d) string the victim’s hair, which is a dangerous thing before D; and (c) stiffing the victim’s head by getting the victim’s hair into the victim’s body; (d) moving the victim’s body into the victim’s body; (e) flapsing the victim’s back to the body; and (e) flapsing the victim’s body by drinking, the victim suffered injury, such as cutting the bones of the bones of the victim’s bones that requires approximately four weeks of treatment.

Summary of Evidence

1. Statement made by C by the witness in the second public trial protocol;

1. Part concerning C’s statement concerning the suspect interrogation protocol against the defendant

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to report CCTV images and the pictures related to the case;

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

1. Determination as to the defendant and his defense counsel's assertion under Articles 53 and 55 (1) 3 of the Criminal Act (the following grounds for sentencing)

1. Summary of the assertion

A. The victim’s statement is not reliable.

B. The victim was frequently going out during the period of hospitalization, and there was no actual injury such as the death diagnosis.

2. Determination

A. Determination of the credibility of the victim’s statement 1) In determining the credibility of the victim’s statement supporting the facts charged, it is necessary to determine the credibility of the victim’s statement.

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