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(영문) 부산지방법원 2019.05.29 2019고단1189

특수폭행등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On October 17, 2018, around 22:40 on October 17, 2018, the Defendant is required to do so. D in Young-gu, Busan Metropolitan City.

At the main point, the part of the victim's left face face 2 times, and the part of the knick hand 2 times, which is a dangerous object carried by the defendant for pedestrian assistance, was assaulted by the victim with the victim and the victim with the view to recognizing that the victim B (the 64 years of age) was on the floor of the bar.

In this respect, the defendant carried dangerous objects and assaulted the victim.

B. Special intimidation Defendant continued at the date, time, and place of the foregoing paragraph (a) above, continued to be in danger to the Defendant’s ownership ( approximately 9.5 cm in length, approximately 21 cm in total) and threatened the Defendant with the threat as Daa’s La’s La’s.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. Defendant B, at the time, at the time, at the time, and place specified in the above paragraph 1-A, destroyed the victim’s face by going beyond the victim A (the age of 69) due to the same reason as the above paragraph 1-A of the above paragraph, and then going up to the victim’s face by drinking frighting on the victim’s body, two times the victim’s head head head was taken up on the floor, and one time the victim’s side gate was inflicted on the victim for about 35 days.

Summary of Evidence

1. Defendants’ legal statement

1. Each police interrogation protocol against the Defendants

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of A Injury Medical Certificate);

1. Article applicable to criminal facts;

A. Defendant A: Articles 261 and 260(1) of the Criminal Act (the point of special violence), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation), the choice of imprisonment

B. Defendant B: Article 257(1) of the Criminal Act; the choice of imprisonment

1. Article 37 of the Criminal Code provides for the aggravation of concurrent crimes (Defendant A).