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(영문) 대구지방법원 서부지원 2017.05.18 2016고단2521
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 1, 2016, the Defendant: (a) around 06:10, the victim D (n, 46 years of age) in Daegu-gu, Seogu; (b) the Defendant called “E”, “I am under the influence of alcohol,” and called “I am under the influence of alcohol, I am under the influence of alcohol,” on the ground that “I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the victim’s body.

As a result, the defendant carried dangerous objects and inflicted bodily injury on the victim for about 14 days in need of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the suspect against the defendant (D substitute part);

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to arrest and report the occurrence of a case and investigate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for conviction under Article 62 (1) of the Criminal Act;

1. 피고인의 주장 피고인은 판시 사실과 같이 피해자를 폭행하여 상해를 가한 사실은 있지만, 전기 난로를 발로 찼을 뿐 이를 집어 들어 피해자의 몸을 향해 내리친 사실은 없다고 주장한다.

2. When the police statement was made, the victim was found to have a fact that the defendant was able to get off with her own, etc. by gathering electricity from the first police column.

I stated (in the investigation records, 26 pages, 27 pages), and at the time of the police questioning with the defendant, I left the body of the author two times in the direction of the wind.

“The statement was made”.

The victim's statements are consistent and different in very specific and key parts.

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