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(영문) 수원지방법원 안산지원 2019.07.10 2019고단583

특수상해등

Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is residing in Gwangjin-si C Apartment D, and the defendant B is residing in the Eth below floor of the above apartment.

1. On September 20, 2018, Defendant A, around 20:15, entered into a dispute with the victim B and water leakage-related issues in front of the above D's entrance, Defendant A took the victim's right part of the part of the victim's right part with scam (the length of 80 cm) one time with scam and hand, and threatened the victim with a kitchen knife (the total length of 30 cm and the knife length of 18 cm). Defendant A carried dangerous things with the victim and threatened the victim with a multiple scams, which requires treatment for about two weeks.

2. Defendant B, at the above temporary border, had the victim’s bomb and bombs against the above victim’s act, and damaged the victim’s bombs and bombs for about two weeks of treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. A’s legal statement (as to the defendant B), which is made by the witness

1. Each photograph (Nos. 5 and 6 of the evidence list);

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article of the Criminal Act and Article 258-2 (1) and Article 257 (1) of the Criminal Act (the point of special injury), Articles 284 and 283 (1) (the point of special intimidation, the choice of imprisonment): Article 257 (1) of the Criminal Act (the point of injury and the selection of fines)

1. Defendant A among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 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 who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A: Determination of the assertion of Defendant B and defense counsel regarding Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, Defendant B and defense counsel, and Defendant B’s act is for the purpose of defending A’s unfair attack.