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(영문) 대구지방법원 서부지원 2018.12.11 2018고단1262

특수폭행

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 two years.

Reasons

Punishment of the crime

1. On April 27, 2018, at around 23:50, the Defendant: (a) sent a telephone call with a neighboring victim B (54 years old) at the Defendant’s residence in Daegu-gu Daegu-gu 307dong 1208, on the ground that he/she was drinking alcohol together with another person; (b) the victim was at the time of a defect in the marinium; (c) the victim was at the time of drinking alcohol; and (d) the face of the victim was fluent; and (d) the fluence of the victim’s head was fluent, one time by taking the fluence of the dangerous object into his/her hand.

2. When the victim A (53 years) and the time and place mentioned in the preceding paragraph came to run as above, the Defendant brought the victim’s face one time against the victim’s act and brought about an empty baby, which is a dangerous object, in his hand, one time with the victim’s face and one time with the victim’s right eye, and led the victim to approximately two weeks of eye and an open body around the victim.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Two copies of on-site photographs and photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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

A. Defendant A: Articles 261 and 260(1) of the Criminal Act; Articles 261 and 260(1) of the Criminal Act; the choice of imprisonment

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

1. Reduction of volume (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62(1) of the Criminal Code of the Republic of Korea (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2006Do320, Apr. 1, 2006)