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(영문) 서울동부지방법원 2019.05.30 2019고단519
특수상해등
Text

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

Seized evidence 1 and 2 shall be confiscated, respectively.

Reasons

Punishment of the crime

1. On December 26, 2018, the Defendant, under the influence of alcohol in the 3rd floor of the Gangdong-gu Seoul Metropolitan Government B market No. 21:00 on December 26, 2018, put the victim D (the age of 62) (the age of 62) who was under the inspection of the electric blocking machine, on the following occasions: “I am ice, do not work, I am going off.” The Defendant promptly as soon as the left shoulder of the victim is good; the kitchen knife (the total length of 30cm, 17ccm in length) which is an object in danger of continuing the victim; the victim E (the age of 62) puts the kitchen gate, which is a dangerous object against the said victim (the total length of 84cm).

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

2. The Defendant suffered special injury, at the same time and place as indicated in the above paragraph 1, and at the same time and place as indicated in the above paragraph 1, the Defendant saw the victim F (the age of 63) who has heard a disturbing sound to the effect that the victim F. (the age of 63) was able to display the above kitchen gate and the camping-gate, which is a dangerous and dangerous article.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as the damage to the excellent body that requires treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, and E;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement made to D, F, and E;

1. Each statement of D, F, and E;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. The CCTV CDs and the defense counsel at the instant site claimed that the Defendant had a kitchen knife with the victim D or F, but there was no fact that the Defendant had a kitchen knife with the victim D’s shoulder, glife with a view to the glife of the victim E by displaying the camping net, or that the Defendant had a loss of the victim F.

However, according to the evidence duly adopted and examined by this court, including the witness D, F and E's statements in investigation agencies and this court, the defendant carried dangerous articles as stated in its reasoning and assaulted the victim D, E and inflicted an injury on the victim F.

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