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(영문) 창원지방법원 2019.09.18 2019고단1506
특수상해
Text

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

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 19, 2019, at around 23:22, the Defendants: (a) 23:22, the victim E (the 49-year-old age) who had been a customer from the place in the Chang Sea-gu, Changwon-si; (b) was under the influence of alcohol to Defendant A, namely, “the victim of the victim’s body”, she was frightened by Defendant A; (c) was her head with bed with bed with bed; (d) the head of the victim’s body; and (e) the victim’s body was frightened with bed with bed; and (e) the victim’s head was frightst with bed with bed with bed with bed with bed with bed with bed with bed with bed with bed with bed with bed with her body of the victim; and (e) Defendant A frightdd with bed with bed with bed with bed with bed with bed with bed.

As a result, the Defendants conspired to carry dangerous objects and carried them with the victim about two weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning victim injuries and field photographs;

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 of the Criminal Act;

1. The Defendants subject to suspended sentence: (a) on the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendants’ age, character and conduct, environment, motive, means and consequence of the commission of the crime; and (b) the circumstances after the commission of the crime.

The disadvantageous circumstances: The method of crime is dangerous, and the defendant A has the record of punishment several times for violent crimes: The defendants repent and reflect the defendants' mistakes, the victim does not want the punishment of the defendants, and the defendant B does not like the same.

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