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(영문) 청주지방법원 2019.09.05 2019고단578
상해
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for three months.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A around 18:00 on August 25, 2018, around 18:20, around the 18:00, the Defendant saw the victim’s face by using the victim’s B (the age of 71) and the respect-to-face, and plucked the victim’s hand by plucking, plucking, cutting, and destroying the victim’s body several times, etc., requiring approximately six weeks of treatment to the victim.

2. Defendant B, at the time and place described in the above paragraph (1), and under the above circumstances, the victim A (the age of 67) and the Si guarded the victim’s face, resulting in damage to the head and other parts requiring treatment for about three weeks.

Summary of Evidence

[Judgment of the court below]

1. The defendant A's partial statement

1. The suspect interrogation protocol of the police as to B;

1. An injury diagnosis certificate (B);

1. On-site photographs and Defendant A’s photo of the damaged parts of the Defendant alleged that they constituted legitimate self-defense or legitimate act. However, according to the evidence above, the Defendant appears to have committed an active attack with the victim, and did not seem to have committed an act of defense against the victim’s unilateral attack. Thus, the above assertion is rejected.

[Judgment of the court below]

1. A’s legal statement;

1. An injury diagnosis certificate (A);

1. Application of field photographs and the Acts and subordinate statutes on damaged parts of the suspect;

1. Relevant Article 257(1) of the Criminal Act and the Defendants’ choice of punishment on criminal facts

1. Defendants subject to suspended execution: Determination of punishment based on the degree of injury to the reasons for sentencing under Article 62(1) of the Criminal Act shall be made by taking into account the following factors: (a) mutual agreement; (b) contingent crimes; and (c) all the Defendants have no criminal records heavier than identical criminal records or fines.

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