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(영문) 전주지방법원 2018.06.15 2017고단2376
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 29, 2017, the Defendant: (a) on August 29, 2017, at the D main shop located in Yansan-gu, Jeoncheon-si C, the Defendant: (b) sold two parts of the victim’s head left part of the victim’s head, which is a dangerous object, in front of the city, and inflicted injury on the victim, such as brain, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of E Medical Certificate);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The victim E claimed by the Defendant and his defense counsel was unable to conceal the Defendant’s breath, thereby threatening the Defendant’s life.

In this situation, the defendant displayed a stick for delivery in order to let his hidden character cover, and was in accordance with the victim's head.

Therefore, there is no intention to injure the defendant, or the defendant's act constitutes a legitimate concern.

2. Determination

A. The evidence duly adopted and examined by this Court, and in particular, according to the witness F’s testimony at law, the Defendant, while engaging in a dispute with the victim E, was suffering from bathers.

F The fact that the victim's left part of the head can be recognized by gathering a stick for mountain use owned by the F.

B. According to the above facts, the defendant's act is recognized as the intentional injury, and the defendant's act is not to defend the victim's improper attack, but to have committed an act of causing the victim's bodily harm with his intent of attack. Thus, it does not constitute a legitimate defense.

Therefore, the above argument is not accepted.

The conditions favorable to the reasons for sentencing:

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