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(영문) 창원지방법원 통영지원 2016.12.21 2016고단1597

특수상해

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2016, at around 23:15, the Defendant, at the time of 2016, listened to the phrase “F,” which was under the influence of alcohol in front of the EMoel guide room, and the victim G (26 years of age) who was fing him, and the victim H (31 years of age). The Defendant, at the expense of the Defendant, heard the phrase “F, f, f, or f, h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h. to the victim’s face

Finding this, the victim H set off the victim G at the direction room to prevent the Defendant from getting off the victim G at the lower floor and leaving the Defendant from leaving the direction room, and the Defendant laid down the victim G’s hand on two occasions the left part of the victim H by gathering in his hand the transition (the knife length of 8cm, the knife width of 2.5cm) which is a dangerous object on the singing counter, and the victim G, who was on the stairs, tried to put the victim G in a knife the left part of the knife at one time after having knife the victim G’s left part. However, the victim G knifed the victim G’s hand by taking the knife with the left hand.

As a result, the Defendant carried dangerous articles and put the victim H on the top side of the upper part of the upper part in need of treatment for about two weeks, and put the victim G on the top side of the lower part in need of treatment for about two weeks, and on the top side of the left part of the buckbucks in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the suspect of G by the prosecution;

1. The prosecutor's statement concerning H;

1. Police suspect interrogation protocol of the accused (including the part of the victim's interrogation);

1. Statement of the police officer to I;

1. A medical certificate or an injury medical certificate;

1. Application of Acts and subordinate statutes to a written agreement;

1. Punishment as imprisonment for a limited term, inasmuch as the relevant law as well as the choice of a punishment are only applicable under Articles 258-2 (1) and 257 (1) of the Criminal Act, punishment for a limited term;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;