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(영문) 수원지방법원 성남지원 2019.07.23 2018고단1753
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:00 on June 30, 2018, the Defendant injured the victim B (n, 28 years of age) by a special injury on the first floor of the 1st underground floor of the building D, Seongbuk-gu, Sungnam-si, Sungnam-si, “D No. 3 studio,” whereby the victim B, an employee of this place, avoided the Defendant’s questioning, resulting in an injury to the victim, such as a two open wound, requiring a medical treatment for about 14 days, on the ground that the victim B, who was an employee, would avoid responding to the Defendant’s questioning.

2. The Defendant, at the same time and at the same place as the above 1. paragraph (1) above, was assaulted by the victim E, who was an employee of the victim E, due to the reason that the Defendant resisted that the Defendant inflicted an injury on B as above, he left a glass fright, which is a dangerous thing towards the side of the victim, and flaged by her hand the head debt of the victim.

To the extent that this part of the facts charged does not disadvantage the defendant's exercise of his/her right to defense, part of the facts obtained through the examination of evidence is modified ex officio.

Summary of Evidence

1. Partial statement of the defendant (as of the seventh trial date);

1. Statements made by witnesses B and E in the fourth trial records;

1. Statement made by a witness F in the fifth trial records;

1. Each police statement of G and H;

1. A written diagnosis of injury to B;

1. Application of the statutes on field photographs and photographs of victim B damaged parts;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 261 and 260 (1) (a point of special violence and choice of imprisonment) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. As to the claim No. 2, although the defendant left a glass and sick disease, the defendant did not go against the victim E, and therefore, the defendant is not the victim E.

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