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(영문) 창원지방법원 2020.05.08 2020고단386
특수상해등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

1. On November 16, 2019, at around 01:15, the Defendant: (a) taken the victim D(44) in front of the main point of “C” located in Jinhae-gu, Changwon-si; (b) taken the victim D(44 years of age) by driving in his/her hand; and (c) took two alcohol diseases in his/her place; and (d) took the victim’s left side of the victim by a shocking disease, the Defendant reached one time.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. When the victim E (year 44) was removed from the Defendant at the same time and place as described in paragraph 1, the Defendant suffered bodily injury by a special injury: (a) the victim’s side flick and face on the left side of the victim, such as paragraph 1, was inflicted on the victim once every flick flick, which requires approximately four weeks medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to field photographs, photographs of victims, and written diagnosis;

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1) ( point of special violence and choice of imprisonment), and 258-2 (1) and 257 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, there are many grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Incompetence], and recidivism during the suspended execution period due to the same kind of crime, the degree of the injury suffered by the victim is not minor, and the fact that the victim desires to be punished by the defendant [limited circumstances] is contrary to the fact that it is against the victim’s strict punishment;

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