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(영문) 수원지방법원 성남지원 2017.02.24 2016고단3824

특수상해

Text

[Defendant A] 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 becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A self-business, Defendant B is in the form of an in-service relationship with each other.

1. Special bodily injury [the sole crime of Defendant A] around 19:35 on June 15, 2016, the Defendant inflicted injury on the victim B (the victim B (the victim B(the 47 years of age) who is a fluorant in Gwangju City) and the victim’s flag “sing away” and the victim’s flag at the front parking lot located in Gwangju City. In a case where the victim’s flag was flaged and sealed, and the head and body of the flag pattern, which is a dangerous object in the action, were flaged with approximately 1m in length, 3-4m in length) with the head and body of the flabbbb, etc., the Defendant flaged three flabs that require approximately 6 weeks of medical treatment.

2. The Defendant (the sole crime of Defendant B) committed an injury to the victim’s left part by using violence, such as gathering things in the action and taking the body of the victim A (51 years old) by drinking alcohol on the same date, time, and at the same place as above 1, and taking a kind of friendship for the same reason, and taking advantage of the body of the victim A (51 years old).

Summary of Evidence

1. The Defendants’ respective legal statements (Defendant B is on the second trial date)

1. Second time the suspect interrogation protocol (including attached materials) against Defendant B: Provided, That it is bound in front of the above suspect interrogation protocol;

1. Application of Acts and subordinate statutes on site photographs and photographs of injuries;

1. Relevant legal provisions and defendant A who has selected a sentence on the facts constituting an offense: Articles 258-2(1) and 257(1) (a) (a special injury) of the Criminal Act; Article 257(1) of the Criminal Act (a) (the point of injury and the choice of fines); Article 257(1) of the Criminal Act;

1. Defendant A to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B: The grounds for sentencing of Article 334(1) of the Criminal Procedure Act include both agreements among the Defendants, the circumstances leading up to the crime, the Defendants’ criminal records, and the degree of injury.