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(영문) 의정부지방법원 고양지원 2019.03.06 2019고단6
특수상해
Text

Defendant

A Imprisonment with prison labor for ten months, each of the defendants B and C shall be punished by imprisonment for eight months.

except that this judgment.

Reasons

Punishment of the crime

1. On August 31, 2018, the Defendant: (a) 16:10 on the front side of the E business office located in Yongsan-gu, Yongsan-gu; (b) on the front side of the E business office located in Yongsan-gu, Yongsan-gu; (c) as a vehicle traffic problem, the Defendant saw the face of the victim C (the 40-year-old) who is a partner of B (the dynamic of B) who reported the combination of the two faces B, as drinking; and (d) carried a dangerous object located on the floor by hand (a) 70 cm and 6 cm in length to get off the victim’s left arms.

As a result, the defendant carried each item, which is a dangerous thing, and puts the body and closing of the body of grandchildren in need of medical treatment for about five weeks.

2. Defendant B and Defendant C were at the time and place specified in the foregoing Paragraph (1) as a vehicle traffic issue between Defendant B and the victim A (the age of 40). Defendant B was at the victim’s face and body due to drinking and spawn, and Defendant C was at the victim’s face and body due to drinking and spawn.

As a result, the Defendants jointly carried out blood transfusions from the face of the 28th anniversary of the need for medical treatment to the victim, and on the face of the safe side.

Summary of Evidence

1. Defendants’ respective legal statements

1. Photographs of each damaged part of the vessel;

1. Photographs of each item;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 258-2 (1) and Article 257 (1) B and C of the Criminal Act: Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of imprisonment, etc.;

1. Discretionary mitigation A: Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the favorable reasons for sentencing):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Defendant A [Scope of Recommendation] In the basic area (6-2 years), the basic area (6-2 years), the penalty is not imposed (including serious efforts to recover damage), or where considerable damage has been restored to the basic area (6-2 years), or the serious injury (excluding special serious injury types) / [decision of sentence] the degree of damage suffered by the victim, an agreement is reached with the victim.

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