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(영문) 광주지방법원 순천지원 2016.09.21 2016고단472
특수상해
Text

Defendant

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

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

Reasons

Punishment of the crime

1. On January 13, 2016, the Defendant: (a) at the greenhouse owned by the victim B (46 years old) located in F at the time of Mayangyang-si on January 13, 2016, the Defendant found the victim G (n, 39 years old) and the victim G (n, 39 years old) to take a bath by telephone; and (b) he saw the dispute by a chain pipe (110cm in length, 30cm in thickness) which is a dangerous thing that may embling the dispute, the Defendant her left part of G’s back part with a chain, and her head part and head part of B’s left part with a chain.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim G, such as a shoulder or spatis in need of treatment for about 2 weeks, and a spatis in the left-hand arms in need of treatment for about 9 weeks, and suffered injury on the victim B.

2. Defendant B, at the above date and time and place, laid down a pipe that was used by the victim as one hand against the acts of the victim A (55 years) and laid down a pipe on the victim’s face on a different hand. Defendant B, by cutting down a pipe from the victim’s left part of the elbbbbbbbbb, and by cutting off the pipe from the victim, took one time the part on the part of the victim’s left part and the part on the left part of the buckbuck.

As a result, the Defendant inflicted injury on the victim, such as an open blue room for the left-hand side which requires approximately two weeks of treatment.

Summary of Evidence

Defendant

A In the application of the laws and subordinate statutes, the investigation report of each written statement of the police in relation to A and B on the suspect interrogation protocol of the police in relation to part of the defendant B's legal statement of the defendant B (B, G diagnosis document, and the submission of the A injury diagnosis document) to A and B

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

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

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

4. Determination as to the assertion of Defendant B and defense counsel under Article 62-2 of each of the Social Service Orders Act

1. The summary of the argument is that the Defendant was committed against A in a situation where the Defendant was assaulted by the victim A with a pipe, and was committed against A in order to defend him/her by sparing his/her life, and thus, constitutes excessive defense.

2. The judgment in this Court.

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