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(영문) 대구지방법원 김천지원 2017.01.26 2016고단1219
특수상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 00:35 on July 30, 2016, the Defendant, at the main point of “D” located in Sinsi-si, Sinsi-si, on the ground that the Defendant, while drinking alcohol such as the victim E (at 23 years of age, the victim’s day-to-day, expressed the victim’s attitude of disregarding the victim’s her women’s friendship, he saw the small-to-day illness, which is a dangerous object in the table, as he / she was in his/her hand, left the wall that he/she sits on the wall that he/she was seated, and brought about approximately two weeks of treatment to the victim on the left side of the victim’s face that he/she was seated immediately above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. At the time of determining the Defendant’s assertion on the report on internal investigation (related to submission of a medical certificate) and investigation report (related to submission of a medical certificate), the Defendant had no intention to inflict an injury on the victim or F.

The argument is asserted.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the crime of this case cannot be deemed as a simple crime of negligence, and the defendant had the intention to inflict an injury on F.

at least dolusent intention is recognized.

Although the result of injury to a victim, not F, was caused, this does not affect the establishment of the crime of injury, because of the so-called “misunderstanding of method”. Accordingly, the above assertion by the defendant is rejected.

① The location of this case was narrow, and both the Defendant, the victim, and the F were very close.

② Since the victim or F was seated in the face of the head and the space was sufficient to be the upper wall of the head, even if the victim or F was frighted with the intent to fright, it is difficult to keep the wall of a non-public person even if the victim or F was frighted with the intent to do so.

③ The Defendant was faced with the victim’s face, where he/she was seated, and the victim was seated immediately next to the F.

(4) The defendant shall serve as the defendant.

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