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(영문) 부산지방법원 2020.05.06 2020고단735
특수상해
Text

Defendant

A and C shall be punished by imprisonment with prison labor for six months, and by a fine of five million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

On July 25, 2019, at around 02:45, the Defendants assaulted “E” packing center located on the first floor of the Busan Eastdong-gu D, Busan, and the victim F (the victim F (the age of 48) seated on a bridge, such as G where f is one-way, and as the date set by Defendant A, Defendant C and B met the victim’s face one time by drinking, respectively, and Defendant A assaulted the victim’s face at one time, and Defendant A continued to do so by gathering beer disease, which is a dangerous object, with the head part of the victim’s body flick, and Defendant C lowered the beer disease, which is a dangerous object, and flicked the beer, and flick, flick, flick, and flick, with the victim’s flick, with the victim’s face.

As a result, Defendant A carried dangerous articles and carried the victim about about 14 days of medical treatment. Defendant B and Defendant C assaulted the victim in collaboration with Defendant A, and Defendant C by carrying dangerous articles and threatening the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect against F and H;

1. Protocol of the police statement concerning G;

1. Application of F standing photographs and diagnostic instruments and Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act;

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, the selection of fines

C. Defendant C: Articles 284 and 283(1) of the Criminal Act; Article 2(2)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act; Articles 260(1) of the Criminal Act; the choice of imprisonment

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Defendant C);

1. Discretionary mitigation (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);

1. Article 62(1) of the Criminal Act, each of the suspended execution (Defendant A and C)

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