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(영문) 인천지방법원 2018.07.26 2018고단4996
특수상해
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant B, at around March 30, 2017, 23:19, performed drinking together with the husband A (son, 46 years old) at the Defendant’s residence of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, 203-dong 2010-dong 10-dong 10, while the Defendant was drinking together with the husband A (son, 46-dong 10-dong 201-dong 10-dong 10

On the ground that the victim was broken up but it was not caused by the victim, but the victim was faced with an influence of the number of days of treatment due to the small-scale disease, which is a dangerous object on the floor of the location, and the victim was faced with a misfluence of the number of treatment days.

2. Defendant A was under the influence of alcohol by the victim B (n, 44 years of age) who is the wife, at the time, place, and at the time, place described in paragraph 1, and was in the influence of alcohol as above, Defendant A was found to have a defect of the Defendant, and the metal frame with a volume of about 20 cm in length, which is a dangerous object on the floor, left the body of the victim’s head, and put the victim into the body of the victim’s head at the corner of the Tong, thereby making the victim’s head a string of the number of days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (report on attachment of photographs of bodily injury);

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

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., grounds for suspension of execution under the following circumstances);

1. Defendants in the suspension of execution: Article 62(1) of the Criminal Act (including the Defendants are against each other, contingent crimes, compromise with each other, and not wanting to be punished by the other, and the extent of damage is not severe);

1. Defendant A: Article 48(1)1 of the Criminal Act;

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