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(영문) 전주지방법원 2019.05.09 2018고단2423
특수상해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

However, from the date this judgment becomes final and conclusive, each.

Reasons

Punishment of the crime

1. On September 9, 2018, the Defendants’ co-offenders of the Defendants: (a) around 02:00 on September 9, 2018, on the part of the victim C (Nam, 40 years of age); (b) on the part of the victim Era in the Yan-gu Earb in the front city where the victim C (Nam and 40 years of age) was lost, the Defendants are dissatisfied with the victim; (c) Defendant A was in his/her hands by cutting the victim’s head car; (d) cutting the victim’s head car; (e) cutting the victim’s head car; (e) cutting the victim’s head car; and (e) cutting the part, such as the flab, the flab, etc. of the victim’s head car; (e) flab, the flab; and (e) Defendant B flad the victim’s flab of metal materials, which is a dangerous article at the entrance of the above Rab.

As a result, the Defendants jointly carried dangerous objects with the victim about two weeks of treatment, thereby undermining the second saves that need to be treated.

2. The Defendant committed the crime in Defendant B, at the time, at the time, and at the place specified in paragraph (1) above, destroyed the front of the Erash entrance, which is the victim F, to the extent that the repair cost of KRW 60,000 was damaged.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning suspect interrogation of C;

1. Statement of the F police;

1. Application of the Acts and subordinate statutes of the letter of diagnosis of injury (No. 80 of the investigation record), written estimate (No. 1 of the investigation record No. 93 of the investigation record);

1. Relevant Article 258-2 (1), Article 257 (1) of the Criminal Act / [Defendant A] Articles 258-2 (1), 257 (1), and 366 of the Criminal Act

1. Aggravation of concurrent crimes (as to the defendant B), the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act for a suspended sentence (hereinafter referred to as the following grounds for sentencing);

1. The community service order (the defendant B).

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