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(영문) 전주지방법원 2019.05.22 2018고단2704
특수상해등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On May 1, 2018, the Defendant was sentenced to imprisonment with prison labor for six months for a violation of the Punishment of Violences, etc. Act (joint injury) in the branch court of the Jeonju District Court on May 1, 2018, and the judgment becomes final and conclusive on May 9, 2018 and is still under suspension of execution.

【Criminal Facts】

1. Around July 27, 2018, the Defendant suffered special injury: (a) around 07:35, at the residence of a female-friendly job-taking victim D (Inn, 40 years of age) in Kim Jong-si apartment C; (b) on the ground that the victim’s usual behavior was not attributable to his mind; (c) while having been in a dispute with the victim on the ground that the victim’s usual behavior was not attributable to himself/herself; (d) while having been in a dispute with the victim, he/she went beyond his/her wind, boomed with a dangerous thing, and caused the victim to have his/her head at the time of fraudulent contact,

2. The Defendant, at the time and place indicated in paragraph 1, destroyed the victim’s bridge, flag, flag, flag, etc. on the same ground, following the boomed boom, flag, glag, etc. on the same ground.

Summary of Evidence

1. Partial statement of the defendant;

1. The first police statement concerning D;

1. A report on internal investigation (in cases of attaching a field photograph), on-site photographs (in the aggregate of D);

1. Determination of the assertion of the Defendant of medical records and his/her defense counsel in the first place of emergency medical services

1. The Defendant asserts to the effect that the Defendant’s breath at the time of the instant case’s breath and the Defendant’s head was not the victim’s head at the time of fraud, because the breath was broken in the process of following the breath, and the breath was faced with the victim’s head.

However, the following circumstances revealed by the evidence examined by the court of this case, namely, ① the victim immediately after the crime of this case stated by the police to the effect that “after the crime of this case, the victim saw the defendant to flick the left head of the lower left side,” ② The victim’s body photograph generated from the victim’s head cannot be deemed to have occurred by the strike; ③ the victim’s body photograph was not considered to have occurred by the strike.

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