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(영문) 춘천지방법원 속초지원 2019.09.11 2018고단497

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is the friendship of victim B (the age of 18) and victim C (the age of 15).

피고인은 2018. 10. 10. 01:40경 강원 양양군 E아파트 F호 피고인의 주거지에서 D의 가정폭력을 피하여 피고인의 집으로 와 있던 피해자들과 함께 이야기를 하던 중, 피해자들이 D에게 대들면서 D를 상대로 몸싸움을 하였다는 사실을 알게 되자 화가 나, 주먹으로 피해자 B의 왼쪽 눈 및 뺨 부위를 수회 때리고, 무릎을 꿇고 앉아있던 피해자 C의 얼굴 부위를 발로 수회 걷어차고, 피해자들을 안방으로 데리고 가 무릎을 꿇고 앉아있는 피해자들의 얼굴 및 몸 부위를 주먹으로 수회 때리고 발로 수회 걷어찼다.

The Defendant continued to gather the strings and flowers, which are dangerous goods, toward the victim B, and was in line with the part of the victim B’s arms. The Defendant saw the wind, which is a dangerous object, and was in line with the head and the part of the victim B by putting the victim B into line with the victim B, put the main body and the kid, which is a dangerous object, into several times the head of the victim C, and put the victim C into a wall, and caused the victim C’s head head and the part of the victim C facing the string.

As a result, the Defendant carried dangerous things with the victim B, added to the bones, face, and scambling scam, etc. of which the number of treatment days cannot be known to the victim C, and added to the victim C, such as the heat, face scam, face scambling, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and B;

1. Application of statutes on the photograph of the case

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

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. The following circumstances and age of the defendant for sentencing under Article 62-2 of the Criminal Act of the community service order.