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(영문) 춘천지방법원강릉지원 2020.09.18 2020고단477
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is legally between the victim B (math, 35 years of age) and the married couple, and the victim C (math, 33 years of age) is a person who has been in an inhumane relationship with the victim B.

1. On February 13, 2020, the Defendant came to know of the fact that the victim C was being accommodated in the E convenience store located in D at Sam-si on February 22:37, 2020, when he was waiting for the victim C to enter the above convenience store along with B, and when the victim C wishesed to take the part of the victim C’s face into the above convenience store, and took the part of the victim C’s face into the above convenience store several times by drinking the victim C, and the victim took several times out of the convenience store, and the victim took part of the dangerous object, which is in front of the convenience store to drive away from the convenience store, and caused the victim’s face and part, etc. by spreading the metal material sowing pole (100 cm in length, 3 cm in diameter, weight 600 g) for about 4 weeks to the victim, thereby impairing the victim C’s face and part, etc.

2. 피해자 B에 대한 범행 피고인은 제1항과 같은 일시, 장소에서 위와 같이 C를 때린 후 편의점 앞에 서 있는 피해자 B에게 “씨발년아, 바람피지 말라고 기회를 줬잖아”라고 욕설하며 피해자 B의 목덜미를 잡고 피해자 B을 끌고 가다가 오른손에 들고 있던 위험한 물건인 위 파라솔 기둥으로 피해자 B의 머리 부위를 2회 때려 피해자 B에게 약 2주간 치료가 필요한 이마의 표재성 손상 등 상해를 가하였다.

Summary of Evidence

1. The defendant's legal statement B, each police statement of the defendant C, each of the emergency room records;

1. Application of relevant Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a victim C with heavier penalty)

1. The confession and reflect of the crime by the accused under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;

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