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(영문) 수원지방법원 2017.04.25 2016고단8243
특수상해
Text

Defendant

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On October 18, 2016, Defendant A, while drinking with the victim B (57 years of age) and drinking in a dormitory of “D” located in C, the Defendant, while drunkly doing a dispute with the victim and drinking with the victim, was breading the face of the victim by drinking and breading the victim’s head, which is a dangerous object in the place ( approximately 20 cm in length, about 10 cm in height). On the one hand, Defendant A’s head was able to identify the number of days of treatment, and the victim’s head was able to identify the victim’s head.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Defendant B, at the time, at the time, and at the place specified in paragraph (1), followed the above assault from the victim A (50), and set up a transition period (25cm in total, 13cm in length, 13cm in length) that is a dangerous object in the air and was in the air by setting up against the assault from the victim A (50 cm), and put the victim’s knife part of the knifenife on a one-time back back back back back to the back back back back back back back and back back to the back back back back to

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. On the spot and photographs of the suspect, and photographs of the suspect A;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Confiscation Defendant B: Determination as to Defendant A’s legitimate defense or legitimate act under Article 48(1)1 of the Criminal Act

1. The gist of the assertion is that Defendant A’s act constitutes a legitimate defense or legitimate act inasmuch as it was caused to the instant crime for the purpose of setting up against Defendant B’s assault (see, e.g., Supreme Court Decision 200Do134, Apr. 1, 200). Defendant A’s act was conducted through ordinary attack and defense conducted on February 1, 200, and the act of defense was simultaneously conducted between the fightr and the fightr.

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