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(영문) 대구지방법원 경주지원 2018.05.10 2017고단795
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who cultivates rice in Samsung-si, and the victim D(36) is an employee belonging to E Co., Ltd., who was engaged in road construction on the side of Defendant A’s argument, and the Defendant, due to the road construction work of E Co., Ltd., requested the victim to substitute water for water.

around 13:30 on June 13, 2016, the Defendant, on the ground that there was no water in the instant case unlike his own request, should create a embankment so that water can be drained and mold the water.

“The victim resisted “,” and on the ground that the victim raised an objection to “I see why I see, e.g., why I see, e.g., the water mold,” and “I am. I am. I am. I am. I do not see. I am. I am. I am. I am

"Abspit the body of the victim, which is a dangerous object on the floor, towards the victim by hand by 30 cm a stone of about 30 cm in diameter, which is a dangerous object on the floor, and was spiting the victim's face and pushed the victim's chest by hand.

As a result, the Defendant, carrying dangerous things, assaulted the victim as above, and inflicted an injury on the victim, such as her mare, which requires approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Each protocol concerning the examination of the suspect by the prosecution against the defendant or D (including the part concerning the examination of the suspect);

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

1. On-site reports (verification of the situation, etc. at the time of dispatch to the scene) - On-site photographs, photographs of damaged parts, etc.;

1. Investigation Report (Presentation of Suspect D Injury Diagnosis Report) - Application of Acts and subordinate statutes

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. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Social Service Order is a dangerous article for the defendant.

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