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(영문) 창원지방법원 2018.11.28 2018고단2746

특수상해

Text

Defendant

A Imprisonment for one year, and each of the defendants B and C shall be punished by imprisonment for eight months.

except that from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendants, while drinking alcohol at the distance of Kimhae-si, were frightened by the victim F (27 taxes). They were frightened by Defendant B to assault the victim F, etc. with a view to having the victim F, who was injured by the victim F, three years prior to his three-year period.

The Defendants followed the victim F, etc. on September 24, 2018, around 00:30, the G G Kimhae-si around 00:30 on September 24, 2018, using the gaps of the victims' attention, Defendant A used a metal spacker (25cm in length, approximately 0.3cm in thickness) which is a dangerous object in the bank, one time at the victim’s head head, one time at the victim I (28 years old), and Defendant B used the victim’s head, one time at the victim I (28 years old), and two times after the victim’s injury to the victim F, two weeks after the victim’s injury to the victim, and two weeks after the victim’s injury to the victim, and two weeks after the victim’s other part of the victim’s injury to the victim I were open to the victim F, and two weeks after the victim’s injury to the victim.

As a result, the Defendants conspired to carry dangerous objects and inflicted injury on the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to F or I by the police;

1. Application of two Acts and subordinate statutes to each written diagnosis;

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 258-2 (1), 257 (1), and 30 of the Criminal Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendant B and C to be mitigated: Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);

1. Defendants in a suspended sentence: Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) of the Defendants’ grounds for sentencing are often divided and reflected in depth; the Defendants did not have any record of criminal punishment in the Republic of Korea; and the motive, means and consequence of the instant crime, including the degree and role of the Defendants’ participation in the crime.