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(영문) 창원지방법원 통영지원 2021.03.25 2020고단1362
특수상해
Text

Defendant

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

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. On September 21, 2020, Defendant A had been in dispute with the removal of the victim C (son, 70 years of age) and the street left around the public toilet of the cultural marina hall located in 328 on September 21, 2020, Defendant A had a knife knife (2.5 cm on the knife date, 12 mm in total length) with the victim’s right side side and left-hand part play towards the knife.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim's right side part about 2 cm and the left side part of the treatment days such as tearing about 1 cm, etc.

2. Defendant B, as described in the preceding paragraph at the same time and at the same place as indicated in the preceding paragraph, was assaulted by the victim D ( South Korea, 77 years of age), and the victim’s face was pushed down, spawned, spawned, and spawned once by drinking the victim’s face, and sco part of the victim’s shoulder.

이에 피해 자가 바닥에 넘어지자 피고인은 계속하여 피해자의 우측 옆구리를 발로 1회 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as cutting the peltos that require medical treatment for approximately 21 days, and the peltos of the 7th century.

Summary of Evidence

1. The legal statement of Defendant A in part of Defendant B’s legal statement E

1. Application of Acts and subordinate statutes to witness A’s written diagnosis and examination and treatment set forth in the legal statement and examination and treatment set, written confirmation and records of treatment, victim of the written injury diagnosis, and photograph of the criminal tool;

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment against the crime: Articles 258-2(1) and 257(1)2 of the Criminal Act: Article 257(1) of the Criminal Act (the choice of imprisonment)

1. Defendant A to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendants on probation: Grounds for sentencing under Article 62(1) of the Criminal Act

1. The scope of punishment by law;

A. Defendant A: Imprisonment.

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