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(영문) 인천지방법원 부천지원 2021.02.17 2020고단2171

특수상해

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of one million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A, at around 21:20 on March 3, 2020, at the “D” office located in Seocheon-si, Seocheon-si, Inc., the Defendant came to governance with the victim B (the remaining and the age of 58) prior to the towing, while making it possible for the victim to do so.

"................. the steel coffee, which is a dangerous thing in the above office, was put at the victim's head, and suffered injury to the victim, such as brain salins without an open head for about four weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Defendant B, at the time, at the time, and at the place specified in paragraph 1, was assaulted by the victim A ( South Korea and 57 years old), and caused the victim to go beyond the floor, and thereby, the victim was injured by a scke, scke, etc. requiring approximately two weeks of treatment on the face of the victim due to drinking.

Summary of Evidence

1. Application of the Acts and subordinate statutes on photographic pictures of the victim B, the victim’s body photographic photographic photo taken by the suspect of the police statement protocol on the suspect interrogation E to each of the Defendants’ respective legal statements, used for the crime by the suspect A, and the victim’s body photographic photo taken by the victim B

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 258-2 and 257(1) (a) of the Criminal Act;

B. Defendant B: Article 257(1) of the Criminal Act (the point of injury, the choice of a fine) mitigated; Defendant A: 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. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A of the community service order: The summary of the Defendant B and his defense counsel’s assertion on the assertion of the Defendant under Article 62-2 of the Criminal Act is true that the Defendant used the victim A to assault as stated in the facts constituting a legitimate defense that is aimed at setting up against A’s unfair attack.

2. The evidence duly adopted and examined by this Court.