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(영문) 대전지방법원 2020.01.09 2019노2763
특수상해등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B.

Reasons

1. The summary of the grounds for appeal against the Defendants (e.g., imprisonment with prison labor of Defendants A and B, imprisonment with prison labor of Defendants B and confiscation) is too unreasonable.

2. The judgment of the Defendants: (a) the Defendants inflicted bodily injury on the knife, which is a dangerous thing; (b) the number of foreigners who arranged illegal stay is not many; (c) Defendant A was at the time of the commission of the crime; (d) Defendant B used the excessive amount of dangerous thing, which is a dangerous thing in dispute with the victim A; and (e) Defendant B was at risk of causing serious consequences to the life and body of the said victim; (e) the extent of the injury inflicted upon the victim B is not somewhat weak; and (e) the Defendants seems to have had the history of arranging the employment of foreigners who do not have the status of sojourn; and (e) Defendant A had the history of having been punished several times due to the same violence; and (e) Defendant B was punished several times due to the crime, which is disadvantageous to the Defendants.

However, Defendant B recognized the crime of this case and runs a profoundly against its depth. Defendant A denied the crime of special injury in this case at the court below but led to confession at the court below and reflects its depth. Defendants B did not want punishment for each of the special injury crimes; Defendant B did not focus on the degree of injury inflicted upon the victim A; Defendant A was in the hospital after the injury was inflicted on the victim B; Defendant A had been in a relatively faithful social life for about six years since 2012, and Defendant A seems to have been in a relatively faithful social life for about six years. Defendant B had no record of criminal punishment in the Republic of Korea prior to each of the crimes of this case; Defendant B had no record of criminal punishment, and the motive, background, and circumstances of the crime of this case.

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