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(영문) 수원지방법원 성남지원 2021.02.04 2020고단2945

특수상해

Text

Defendant

A Imprisonment for 6 months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. The defendant A, on July 26, 2020, 13:35, on the rooftop "D Public Notice Hostel" on which the defendant in Sungnam-si, Sungnam-si, worked as a general secretary, refers to the defendant B (the victim B (the victim B) (the 49 years of age) who has driven a day and smoke at that place, she would be able to do so, but he would be able to do so by hand the part of the victim's neck with his hand and the fluor, which is a dangerous object at that place (the 17cm wide, about 6cm long, about 8cm thick) and puts off the breath (the breath, about 17cm long, about 6cm thick, about 8cm thick).

The term “higher” and at the time a part of the victim’s fixed number was changed to a single time.

As a result, the defendant assaulted the victim with dangerous objects, and suffered bodily injury such as two parts, which require the victim's treatment for about two weeks.

2. Defendant B caused the injury to the victim, such as salt, tensions, and tensions, which require approximately two weeks of medical treatment to the victim on a drinking occasion, by knife the part of the victim A(49 years old) with his hand, at the time and place described in the above paragraph (1). The Defendant B caused the injury to the victim on a drinking occasion.

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site and on-site photographs of damaged parts, each injury diagnosis certificate, and photographs of dangerous objects (or wooden soil mounds);

1. Application of Acts and subordinate statutes to report internal investigation (on-site search and hearing of statements by witnesses);

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

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

1. Defendant B who is detained 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’s order of provisional payment: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The Defendant: (a) assessed a tree mostoma, which is a dangerous object; and (b) inflicted two or more bodily injury on B.

The Defendant and B committed the instant crime in the course of violence, the degree of danger caused by the tree bomb, and the degree of danger caused by B.