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(영문) 대구지방법원 2020.09.09 2020고단2890
특수상해등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 17, 2020, the Defendant 17:30 on May 17, 2020, at a restaurant operated by the victim C (Inn, 59 years of age) in Daegu-gu, Daegu-gu, the Defendant 1 took a bath for drinking “dacting” to the customers who had drinking alcohol, and the Defendant 2 times the victim’s head by gathering plastics, which is a dangerous object at the same time, in his/her hand, on the ground that this would not be “drawing” by the victim.

As a result, the Defendant carried dangerous articles and carried them about two weeks, thereby causing damage to the integrity of other head parts and strawing, which require treatment for the victim.

2. The Defendant, at the time and place specified in the preceding paragraph, took the victim’s head one time by putting the victim’s head, who is a dangerous object (1m20 m in length) in his hand, on the ground that the victim D (Name, 58) would escape from disturbance on the ground that the Defendant’s escape from disturbance is “dward” and refrained from disturbance.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. A written diagnosis of injury;

1. Plastic chairs and the distribution photograph [the defendant and his defense counsel claim that plastic chairs used by the defendant at the time of the crime of this case do not constitute "hazardous articles". The term "hazardous articles" includes all articles that can be widely used to inflict harm on human life and body even if they are not deadly weapons. Thus, as well as those made for other purposes, if they are used to inflict harm on human life and body, they are "hazardous articles" (see, e.g., Supreme Court Decisions 2002Do2812, Sept. 6, 2002; 2002Do2812, Sept. 6, 2002).

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