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(영문) 광주지방법원 2019.06.21 2019고합25

특수상해

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

1. The Defendant, around November 17, 2018, at around 21:30 on November 17, 2018, was hospitalized in the same sick room E in the Dvalescent Hospital E located in Gwangju North-gu, Gwangju, and there is a verbal dispute with the victim B (73 years of age).

The victim left the victim's left hand by leaving excessive (10cm in blade length) in the water counter where the rier was on the part of the defendant, and throwing over excessive hand, etc. of the victim to the right hand of the victim.

In this respect, the defendant carried excessive goods, which are dangerous goods, and put the victim into a critical room for treatment days.

2. Defendant B, around November 17, 2018, at around 21:30 on November 17, 2018, was hospitalized in the same sick room E in the Dvalescent Hospital E located in Gwangju North-gu, Gwangju, and there is a verbal dispute with Defendant B.

The head, shoulder part, etc. of the victim can be drawn up by breath of the victim, the face of the victim is flick at one time, the victim's head, shoulder part, etc. in the place ( approximately 90cm in the total length), and the victim flicked the victim's shoulder, breast, and arms with excessive flick.

As a result, the defendant carried a dangerous tree stick, which is a dangerous object, and put the victim on a wound for the days of treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Each legal statement of the witness A and F (for the witness A's legal statement, it is limited to the defendant B);

1. The suspect interrogation protocol of the defendant A by the police;

1. Some statements in the police interrogation protocol regarding Defendant B

1. B written statements;

1. Medical opinion (A) and medical opinion (B);

1. Each investigation report (the sequence 16, 17, 18 of the evidence lists);

1. Application of Acts and subordinate statutes to photograph the upper part of the suspect B, photograph of the upper part of the suspect A, excessive photograph, and stick of the suspect A;

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

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Defendants on probation: Article 62 of the Criminal Act.