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(영문) 대구지방법원 2021.03.09 2020고합445
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Each item seized (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On September 5, 2020, the Defendant: (a) laid the breakwater located in Bupyeong-gu, Seoul Special Metropolitan City, Chungcheongnam-do, 282-5, Bupyeong-gu, Seoul Special Metropolitan City on September 5, 2020; (b) laid the victim B ( South, 53 years old) in his hand with each item (108cc in length), which is a dangerous object without any justifiable reason; and (c) continuously laid the victim B ( South, 53 years old), twice in the direction of the victim; and (d) the victim had the victim go beyond the floor by making it possible for him to escape on one occasion, such as the right side of the victim.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as the right slone to the right slone in need of treatment for about eight weeks.

Summary of Evidence

Part of Defendant’s Court Statements

1. Some of the statements made to the witness B and C in the protocol of interrogation of the police suspect against the accused in each court;

1. Statement made by the police with regard to B;

1. A report on seizure and a list of seizure;

1. Investigation report (Attachment to the victim's upper part photo), investigation report (excluding the part attached to the statement statement, such as the detailed statement of processing the case 112 reported against the suspect), prosecution report (excluding the part attached to the 119 first aid activity report, the part attached to C statement);

1. Application of CCTV and the Acts and subordinate statutes governing CDs;

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

1. Summary of the assertion of the defendant and his/her defense counsel as to the assertion of the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act

A. The victim does not suffer from the defendant's knee-de injury due to the defendant's kne-de, but suffers from the defendant's kne-de injury on the wind over the course of escape.

B. Such excessive treatment may not cause injury to the victim that requires approximately eight weeks of treatment.

Judgment

Examining the following facts and circumstances that can be recognized by the evidence duly adopted and investigated by this court, the court fully recognizes the fact that the Defendant suffered injury, such as the right-hand sleeps, etc., necessary for the treatment of the victim, by having the victim go beyond the floor at one time due to each item of the victim’s right, etc.

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