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(영문) 광주지방법원 2018.05.09 2018고단579

특수상해

Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A (special injury) sold the victim’s fingers to be a beer disease, which is a dangerous object in the table table, to the victim’s head on October 3, 2017, on the ground that: (a) the victim, while drinking alcohol at one’s own store, and the victim B, etc. working at H restaurant, a neighboring shop, committed an indecent act against the above female employee, on October 3, 2017, the Defendant sold the victim’s head to be a beer disease, which is a dangerous object in the table table in Gwangju Mine-gu; and (b) the victim’s head to prevent the victim from doing so.

After 03:20 on the same day, the defendant took the face of the victim by drinking in front of the above E.

Accordingly, the defendant carried dangerous things with the victim's mind, gympium, and string around 2 weeks of snow.

2. Defendant B

A. The injured Defendant was assaulted by the victim A in the front of the same day as the above 1. paragraph, and the victim’s face was satisfyed, and the victim’s face was satisfyed again in the front of the above E, and the victim was satfying about 32 days of treatment.

B. A special intimidation: (a) the victim’s face was heeped in front of the victim’s face from the victim’s face, as stated in the foregoing 1. Paragraph (1) above, and (b) the victim was threatened by the victim by entering a “H restaurant”, one of which he had been kept in the place; (c) the victim’s knick, which was a deadly weapon, while being kept in the place; and (d) the victim said that the victim would die.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to the injury diagnosis certificate, opinion letter, diagnosis certificate, and photographic parts of the injury B;

1. The pertinent provision of the Criminal Act and the Defendant A’s choice of punishment for the crime: Articles 258-2(1) and 257(1)2 of the Criminal Act: Article 257(1) of the Criminal Act (the point of injury) and Articles 284 and 283(1) of the Criminal Act (the point of special intimidation).