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(영문) 수원지방법원 2016.12.15 2016고단5240

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 18, 2015, the Defendant and C violated the Punishment of Violences, etc. Act (joint assault) and the Defendant and C met with the victim’s body by drinking and drinking, while having a dispute with the victim E (the age of 31) and the preceding card game, around 109 Dong 102 of a dormitory located in the wife population D around 23:00 on August 18, 2015.

Accordingly, the defendant assaulted the victim jointly with C.

2. The Defendant suffered special injury, at the above time and place, when the victim was assaulted as above, went away from the damaged and appeared excessively, and again, she saw it as a dangerous object, which was a dangerous object from the main room, by reporting and spraying it, and inflicted an injury on the victim’s arms and winter part once every time, such as knife knife path damage, etc., in which the victim’s treatment days cannot be known.

Summary of Evidence

1. The defendant's legal statement;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes, such as photographs of injury, written request for medical treatment;

1. Article 2 (2) and Article 2 (1) 1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 260 (1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016); Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize some facts and repents of errors.

In addition, it is recognized that there is no confirmation of the history of criminal punishment, and in the case of special injury, the victim seems to have committed a contingency.

On the other hand, the part of the victim's arms were damaged by knife, which is a food and dangerous object by drinking the victim with others.

(2).