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(영문) 의정부지방법원 2019.05.07 2018고단4896
특수상해
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

B around 04:35 on June 25, 2018, at the home room of Defendant A of the Macheon-si C Building D, the victim E (the age of 48) revised part of the facts charged to the extent that it does not disadvantage the Defendants’ exercise of their defense rights, based on evidence duly adopted and investigated by the court of this court by Defendant A. B. In the Gulver, B, in advance, took up one of the steel bar bars (the total length of 45 cm), which is a dangerous object in the family room, and then purchased several parts of the head of the victim’s head from the steel bar of the victim. The Defendant also asserted against the victim and sold several parts of the victim’s head from the steel bar of the victim.

Defendant A continued to get off the part of the victim’s left arms in order to prevent the head’s part by gathering one (70cm in total length) A, which is a dangerous thing from his place.

As a result, the Defendants conspired with each other to carry dangerous goods and put the victim into the main room of the treatment days.

Summary of Evidence

1. Defendants’ legal statement

1. Examination protocol of suspect E by the prosecution;

1. Three copies of a receipt of medical expenses;

1. The application of Acts and subordinate statutes to photographs of each damaged photographic photo (E), on-site pictures, shotos, and camping nets;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 258-2 (1), 257 (1), and 30 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants of suspended sentence: Article 59(1) of the Criminal Act

1. The Defendants who will be suspended from sentence: the Defendants and their defense counsel asserted that the Defendants’ act constitutes self-defense.

In light of the following circumstances and the type, degree, and method of infringement of legal interests, and the type of legal interests infringed by the act of defense, etc., the Defendants’ act is socially accepted.

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