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(영문) 청주지방법원 충주지원 2018.12.19 2017고단848
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, the victim B(49) and the victim C(49) are workplace clubs, and the relationship between the defendant, the victim B(49) and the victim C(49) have been living together in the company accommodation of 102 Dong-gun, Chungcheongnam-gun, 102 Do 304.

On September 2, 2017, the Defendant: (a) at around 2, 2017, placed water into the public cooling house at the lodging house of the said company after singinging the water on his own mind; (b) discovered that the said Company B’s drinking water was dried and tap water was dried; and (c) discovered that the Defendant’s drinking water was dried to the president of the said company.

After that, around September 4, 2017, around 23:40, it was known that the above B knew that it was above, and that it was known to the president of the water drinking material.

In accordance with the clause such as “A”, while the body fighting was fighting with a vision, this form was set up in this room, and the above C took the right upper part of the above C, and Gab (23 cm in total length, 13 cm in length: : 13 cm in length) was set up, which is a dangerous object located there, and Gab (a total length: 23 cm in length, 13 cm in length: 13 cm in length) was flive to the above B, so that the parts of the above B were flived.

As a result, the Defendant inflicted injury on the above-mentioned B, such as other scaltic damage, diagnosis, etc. of the scaltic whole wall that requires treatment for about 14 days, and other injury to the right-hand arms that require treatment for about 14 days, such as other injury to the right-hand arms, and personal injury.

Summary of Evidence

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

1. Each protocol concerning the examination of suspect B or C by the police;

1. Each written diagnosis;

1. Application of statutes on the photograph of the case

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (a point of injury and choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the agreement with victims and the fact that no specific criminal history existed in the Republic of Korea before the instant case);

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