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(영문) 부산지방법원 동부지원 2016.11.14 2016고단1722

특수상해

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of one million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On August 23, 2016, Defendant A, at around 22:20 on August 23, 2016, on the ground that the Defendant, while drinking alcohol together with the victim B (the age of 58) who was under the influence of the victim, was in the front line of “D” located in the Busan District captain C, the Defendant became a vision on the ground that the Defendant, who was under the influence of the victim, was paying the drinking value to the Defendant’s Chok.

While the Defendant was suffering from assault, such as frightening from the victim by drinking with the victim, the Defendant laid down the tree monet, which is a dangerous object around the fright of the victim, and met with the head of the victim.

As a result, the Defendant carried dangerous objects as above and inflicted bodily injury, such as 2ndics, where the treatment period cannot be known to the victim.

2. 피고인 B 피고인은 같은 일시, 장소에서 피해자 A(51세)과 위와 같은 이유로 말다툼을 하던 중 피해자로부터 욕설을 듣자 화가 나 손으로 피해자를 밀어 넘어뜨린 다음 발로 피해자의 얼굴 부위를 1회 걷어찼다.

Accordingly, the Defendant inflicted an injury on the victim during approximately two weeks of medical treatment, which is open to the lower level of the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Each police interrogation protocol against the Defendants

1. Photographs of the victims’ injuries;

1. Application of Acts and subordinate statutes in written opinions;

1. Relevant Article 258-2 (1) and Article 257 (1) A of the Criminal Act: Defendant B: Article 257 (1) of the Criminal Act;

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B of the provisional payment order: The Defendants are charged with the reasons for sentencing under Article 334(1) of the Criminal Procedure Act. However, the Defendants were led to confession, and the Defendants did not want the punishment under mutual agreement, and the Defendants were drinking together with the post-ship.