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(영문) 창원지방법원 진주지원 2020.05.12 2019고단1727
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On October 31, 2019, the Defendant was sentenced to a suspended sentence of two years for one year, who was sentenced to imprisonment with labor for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) in the Support of the Gwangju District Court, and the judgment became final and conclusive on November 8, 2019.

【Criminal Facts】

On September 12, 2019, the defendant was living together with the victim B (the 64 years of age) and was living in the victim's house at around 23:00 on September 12, 2019, while under the influence of alcohol, and the victim was her son and female due to her resistance, and the victim was her fluencing the victim's her son and her son and her flaging the victim's her head, and her head was her head. This part of the facts charged is indicated as the defendant's flag and her head part toward the victim's head. However, according to the evidence duly adopted by this court, the defendant's flag was recognized that the defendant had faced the victim's head part of the flag, and even if corrected, it does not result in a substantial impediment to the defendant's right of defense. Thus, it is corrected ex officio.

The victim suffered bodily injury such as catitis that requires treatment for about two weeks.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning B;

1. B written statements;

1. Investigation report ( telephone conversations for reference C), appraisal commission and response;

1. Damage photographs;

1. Previous convictions in judgment: Criminal history records, and the accused and defense counsel asserts that there is no fact that the victim's head has been lost by making a dangerous line, which is a dangerous object;

However, according to the evidence duly adopted by this court, the defendant was faced with B's head, and the defendant and the defendant are recognized as being injured by B.

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