(영문) 서울남부지방법원 2018.10.10 2018고단2000

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(영문) 서울남부지방법원 2018.10.10 2018고단2000

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 31, 2018, the Defendant, while drinking alcohol in the “D” operated by the Victim C (A, 63 years of age) in the Seoul B market on March 21, 2018, listened to the phrase “D” that the damaged person would drink with the inside of his house at a different location, and went to a dispute, and went to the head of the injured person who was suffering with the beer knife, which is a thing directly dangerous to the victim, and caused the injured person’s body by shakinging the ebbage of the victim, and then, caused the victim’s bodily injury to the victim, which requires approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. The legal statement of the witness C;

1. C’s statement (Nos. 4, 10);

1. Part of the investigation report (to hear statements from victims, etc.);

1. A written diagnosis for C;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Determination as to the assertion of the defendant and his/her defense counsel under Articles 258-2(1) and 257(1) of the Criminal Act regarding the relevant criminal facts

1. The gist of the assertion is that the Defendant: (a) although he was aware of the fact that he had the victim’s her her her her her her her her her her her her her her her her her her her her with, the Defendant did not her her her her

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court: ① The victim C committed assault by the Defendant from the investigative agency to the investigation agency to the present court, such as tearing her head, tearing her head, her bating her head, her bating her head, etc.

A consistent statement, 2. E, the Defendant’s first executive officer, has consistently made a statement consistent with the Defendant’s argument, but was accompanied with the Defendant.

It is difficult to reject the credibility of the victim's statement because there is a part inconsistent with F's statement and the statement is not consistent with F's statement in the course of assault, and ③ The defendant is a police officer dispatched at the time of the instant case.

참조조문

-형법 제257조 제1항

-형법 제258조의2 제1항

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