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(영문) 제주지방법원 2018.08.29 2017고단2968
특수상해
Text

Defendant

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

However, this judgment is delivered to the defendant A.

Reasons

Punishment of the crime

1. On June 28, 2017, the Defendant: (a) while drinking alcohol, such as the victim B(62), etc., at the residence of Seopoposi C around 19:30 on June 28, 2017, the Defendant: (b) brought the victim’s head part on the part of the victim’s head on the part of an empty small-scale disease, which is a dangerous thing in the region where he was doing so; (c) brought the victim at one time on the part of the victim’s head on the part of an empty small-scale disease, which is a dangerous thing in the region where he was doing so; and (d) brought the victim with injury to the throdin and ma of ero that there

2. Defendant B, at the time, and at the place specified in paragraph 1, on the ground that the victim D(81) made remarks against the victim D(S) at the time and place, he saw the head as the victim D’s hand at one time, and caused the victim A(75 years of age) to commit assault as described in paragraph 1, and took part in the victim’s body and face as the victim A(75 years of age), he saw the victim D to have the victim’s body and face damaged for the number of days of treatment, thereby causing the victim D’s injury to the unsatch, face injury, satisf, satisf, satisf, face, face, and heat injury each.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. The witness B and E respective legal statements (as to the defendant A);

1. On-site photographs and photographs taken on the part of damage;

1. Application of Acts and subordinate statutes to each medical certificate and injury medical certificate;

1. Article 258-2(1) and Article 257(1)2 of the Criminal Act: Defendant B: The relevant provision of the Criminal Act, Article 257(1) of the Criminal Act, the choice of imprisonment, or imprisonment;

1. Defendant A who is legally mitigated: Article 21(2) and Article 55(1)3 (over-defense) of the Criminal Act;

1. Aggravated concurrent crimes by Defendant B: the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Defendant A and defense counsel’s assertion on the observation of protection and community service order under Article 62-2 of the Criminal Act.

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