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(영문) 수원지방법원 안산지원 2018.06.19 2018고단1605
특수상해등
Text

A defendant shall be punished by imprisonment for six months and a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 3, 2017, from around 19:00 to around 06:30 on September 3, 2017, the Defendant, along with C, D, E, and F, received 4 cards per 52 card from H restaurant located in Ansan-si G located in Ansan-si, using 52 card, and distributed money three times according to the order of the use of the card, with which the card last possessed is different from each other, and the number of card holders with the lowest number of card is taken by a person with the card, and 30,000 won at one time to 30,000 won to 50,000 won, and 50,000 won to several times.

2. 특수 상해 피고인은 2017. 9. 4. 06:30 경 제 1 항과 같은 장소에서 위와 같이 도박을 하다가 약 500만 원 가량을 잃게 되자, 도박에서 돈을 딴 피해자 E에게 잃은 돈의 일부를 속칭 “ 뽀찌” 로 돌려 달라고 요구를 하였으나 피해 자로부터 거절을 당하게 되었다.

Therefore, the Defendant, while making the victim’s claim that “Isn't bombing fraud,” and doing a horse dispute with the victim, dumpeded with the victim by hand, and laid down the victim’s bomb and flap, which is a dangerous object on the table, once inflaping the victim’s bomb, and was collected to the victim’s right part of the victim’s flaping, and flaped with the victim’s 16-day flap, etc., requiring medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with respect to C, D, E, F, and I;

1. Each police statement made to E and F;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act and the main sentence of Article 246 (1) of the Criminal Act concerning the facts constituting the crime (a point of gambling);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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