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(영문) 수원지방법원 2016.12.08 2016고단6560
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 21, 2015, at around 23:20, the Defendant observed the “D” main points of the “D,” located in Ssung C, with the food knife, the victim E (the age of 23) and the victim F (the age of 26) who is the Thailand, with the knife knife knife, and had been the victim F with the Aluminium open net for the purpose of preventing this.

For the foregoing reasons, the Defendant used the victims and trial expenses, and caused the injury in the number of days of treatment to the victim E due to a dangerous aluminium camping net, in which the head and left side bridge of the victim E are cut, in which the head of the victim F is cut, and the victim E suffered an injury in the number of days of treatment where the left side bridge is cut, and the head is cut to the victim F and the victim F suffered an injury in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect with respect to E or F;

1. Application of Acts and subordinate statutes concerning G police statements;

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;

1. As to the assertion of defense counsel under Article 62(1) of the Criminal Act, the defense counsel asserts that since the defendant's act was conducted in a state where the victims who display their knife their knife or interested at night, the punishment is reduced or exempted or the punishment is not imposed pursuant to Article 21(2) through (3) of the Criminal Act.

As recognized by the evidence duly examined, G escaped as the victims' knife knife and threaten G, and thereafter, it is recognized that the defendant escaped from the camping net, which is a dangerous object, and caused the victim's injury by driving away from the victim.

Therefore, the above assertion by the defense counsel cannot be accepted.

The reason for sentencing was that the victim's head, etc. was injured due to the escape of the victim, which is a dangerous object by the defendant.

The risk of the act is regarded as severe punishment.

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