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(영문) 수원지방법원 2020.11.24 2019고단7982
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person to find the 7th floor of B building in the 7th floor of C, and the victim D (the age of 35) is a singing employee.

피고인은 2019. 4. 26. 02:00경부터 03:00경 사이 위 C 룸 안에서 피해자와 이야기를 하던 중 피해자가 피고인에게 술에 취한 사람과 왜 같이 왔냐고 말하자 이에 격분하여 맥주병을 벽에 던져 깨뜨린 다음 피해자가 손목 출혈이 심하여 룸 밖으로 나가려하자 피해자에게 "어딜 나가냐"고 말하며 깨진 맥주병으로 피해자의 오른쪽 허벅지를 쿡쿡 찌르다가 피해자의 허벅지를 향해 휘둘러 피부가 찢어지게 하였다.

As a result, the defendant injured the victim, such as leaving the right side with which the number of days of treatment can not be known.

Summary of Evidence

1. The legal statement of witness D and E;

1. Recording recording recording recording recording;

1. Emergency medical services log;

1. A medical certificate (victim D);

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a photograph of damage caused by a complainant);

1. Determination as to the assertion by the defendant and his defense counsel under Articles 258-2(1) and 257(1) of the Criminal Act concerning the relevant criminal facts

1. The summary of the assertion was that the Defendant was faced with the illness of soft and beer, but the Defendant did not drink alcohol together with the victim in a good atmosphere after the occurrence of a serious dispute with the victim during a short-term accident, and did not injure the victim.

The injured party's wife is suffering from the normal depression disorder, etc. due to the breath of alcohol and self-harm from the disease.

2. Determination

A. The willful negligence of the relevant legal doctrine, unlike gross negligence, ought to be aware of the possibility of the occurrence of a crime, and further, the intent to deliberate on the risk of the crime is to allow the risk of the crime.

Whether an actor has accepted the possibility of occurrence of a crime or not is dependent on the statement of the actor, such as the form of the act and the situation of the act that appeared outside.

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