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(영문) 대전지방법원 논산지원 2019.09.24 2019고단265
특수상해
Text

Defendants shall be punished by imprisonment for one year.

However, each of the defendants is sentenced to the above punishment for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendants thought that the vice-party (the defendant A's referred to) and the victim C (the victim C) were inappropriate to meet with the spouse of the defendant of the ordinary family, and tried to find the victim's residence.

On May 31, 2019, at around 04:00, the Defendants opened the door of the said residence and opened the door to the victim outside, Defendant B took several times after opening the victim’s neck with his arms, and Defendant A took several times. Defendant A, a dangerous object cited on the first floor of the said residence, had the victim’s head and am, and followed several times.

As a result, the Defendants used a fire extinguisher, which is a dangerous object, used the victim as above, and inflicted bodily injury on the victim, such as thale, thale damage to sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. A medical certificate or an injury medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (a video analysis in cases of violence);

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: The poor quality of the crime in light of the method and circumstances of the crime in this case, and favorable circumstances that the victim wants to punish the Defendants: Defendant A is only one time prior to a fine of this case, and Defendant B is only the primary offender, and Defendant B is the primary offender, taking into account the Defendant’s age, character and conduct, environment, criminal records, criminal records, circumstances after the crime, and all of the sentencing conditions shown in the arguments in this case, such as the circumstances after the crime.

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