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(영문) 부산지방법원 2020.06.17 2020고단960
특수상해
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On October 27, 2016, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on August 30, 2017, and completed the execution of the sentence at the Ansan Prison on August 30, 2017. On August 31, 2018, the Busan District Court sentenced one year and six months to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Busan District Court on December 16, 2019, and completed the execution of the sentence at the Ansan Prison.

【Criminal Facts】

Around 01:00 on January 14, 2020, the Defendant sought to the Gambag Dog Gag Dog Dog-gu B and 5, and the Defendant’s creditor C (the age of 36) became the Defendant’s creditor.

The defendant did not pay money to the victim while taking the bath, and threatened the victim with excessive collection, which is a dangerous object on the table.

Nevertheless, the victim suffered from the defect that the victim tried to get excessive back to the defendant, and the defendant suffered from the injury of the victim, such as fiff, which requires approximately 6 weeks of treatment to the victim once, on the left side of the victim of the above excessive road.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. Statement to C by the police;

1. Second protocol of examination of suspect about D by the police;

1. A medical certificate;

1. Previous Records: Criminal history records, investigation reports (verification of suspect A repeated period) and defense counsel, the defendant did not have the intention to leave the victim with excessive roads, and the victim did so in the course of making excessive deductions of the legal interests of the defendant, and the defendant is an act to defend the current infringement of the legal interests of the defendant, which goes beyond that degree or is an excessive defense due to fear, light, entertainment or confusion in the night or under other extraordinary circumstances, and thus, the responsibility shall be avoided.

In light of the records, this is examined.

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