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(영문) 광주지방법원 2020.01.30 2019고단5186
특수상해
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendants are in the post-ship relationship that they came to know in the society.

1. On October 31, 2019, at around 07:00, Defendant A suffered an injury to the victim, such as an open top in the part of the part of the body, where treatment for about 28 days is required, by asking the victim for the examination, suspension, and the finger hand hand hand of the victim, after drinking an empty disease, which is a dangerous object under the influence of alcohol, while drinking together in the “D” operated by the victim B (the age of 35) in Gwangju-gu, Seo-gu.

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

2. Defendant B, while drinking the victim A(29 years of age) and drinking at the above time and place, was disputed as set forth in the above paragraph 1, and the victim’s chest part was injured by a shoulderer who is a dangerous object at a time and at the same time and place, and the victim’s chest part was in need of treatment for about 42 days on both sides and internal walls.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. The Defendants subject to suspended execution: (a) in light of Article 62(1) of the Criminal Act’s degree of injury to the reason for sentencing, etc., the Defendants led to the confession of crimes and reflects their mistakes; (b) the Defendants did not want punishment against the other party by mutual consent; (c) the crimes of this case occurred contingently; (d) Defendant A was the first offender in the case of Defendant A; and (e) Defendant B did not have any criminal records exceeding the same kind of punishment and fine.

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