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(영문) 수원지방법원 안양지원 2017.08.31 2017고단413

특수상해

Text

Defendant

B Imprisonment with prison labor for ten months and for six months, each of the defendants A shall be punished by imprisonment.

However, this judgment is delivered to the defendant A.

Reasons

Punishment of the crime

1. On November 4, 2016, Defendant B: (a) caused the breakdown or malfunction of the victim in the office of “G” operated by Defendant F during the Ansan-si period on the ground of having been using the excavated engine by the victim A; (b) brought the victim’s head into his hand while having been in a dispute with the victim; (c) brought the victim’s head into one time; (d) brought the victim’s head into the hand; and (e) brought the victim’s head into a breath; and (e) took the victim’s breath with his hand; and (e) took the victim’s face by drinking; and (e) calculated the victim’s breath on hand with a fire extinguisher, which is a dangerous object.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim, such as cerebral sye, requiring medical treatment for about 42 days.

2. Defendant A was urged to take the victim’s face by drinking at the same time and place as paragraph (1). Defendant A was able to take the victim’s arms, etc. as drinking at the same time and place.

As a result, the Defendant put the victim a multi-faced incident on both sides.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A legal statement of a witness;

1. Partial statement of the witness B;

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. The protocol concerning the interrogation of the suspect against the Defendants

1. Photographs, such as the site, a photograph of the suspect A face, and the body photograph of the suspect B;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts;

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

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

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

1. Defendant A with suspended execution: Article 62(1) of the Criminal Act [Defendant B and his defense counsel] (Article 62(1) of the Criminal Act: Defendant B and the defense counsel at the time of the instant case where the face of the victim was taken by drinking after the flapsing the breath, but this is an act done at the defense vehicle to pay off the dracker from A, and thus constitutes a legitimate defense or a legitimate act. However, as seen below, Defendant B and the defense counsel asserted that the act constitutes a legitimate defense