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(영문) 대전지방법원 2019.11.29 2019고단3430

특수상해

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A was sentenced to two years of imprisonment with prison labor for the crime of assault, etc. at the Daejeon District Court on July 19, 2017, and the said judgment was finalized on July 27, 2017, and on October 25, 2018, the said court was sentenced to two years of suspended sentence for six months of imprisonment with prison labor for fraud, etc. and was sentenced to two years of suspended sentence on November 2, 2018.

On July 6, 2019, around 02:0, at the 215 Seo-gu, Daejeon-gu, Daejeon-gu public parking lot for the Seo-gu, Daejeon-gu, the Defendants: (a) Defendant A was suffering from the mother and child used by the victim C (the age of 51); and (b) Defendant B was able to take the head and knife with his her her son at a multiple time and breast with his son; (c) Defendant A was able to take the head of the victim and knife his knife his son at hand and scling his gate over the next floor; and (d) Defendant B was able to take part in the body of the victim’s bridge, walking over three times with his her gate, and was able to take part in the victim’s face, and suffered a video on the treatment date.

As a result, the Defendants carried dangerous objects and inflicted injuries on the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of Defendant B by the prosecution;

1. Each police statement of C;

1. A list of reports on occurrence of accidents, reports on internal accidents, and reports on 112 cases;

1. A victim's photograph, a CCTV image photograph and a CCTV video CD;

1. Previous convictions in judgment: Criminal records, copies of written judgments, and application of Acts and subordinate statutes governing inquiry into case;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 258-2 (1), 257 (1), and 30 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 (Consideration favorable circumstances) of the Criminal Act;

1. Defendant B of suspended execution: In light of the background of the instant crime under Article 62(1) of the Criminal Act, the severity of the instant crime and the cruelness of the method of the crime, etc., the liability for the crime was very large, the mistake was unfolded in depth, and the victim was not seriously injured.