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(영문) 부산지방법원 서부지원 2018.04.03 2017고단2100
특수상해
Text

Defendant

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

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B around October 26, 2017, around 20:15, around 20:0, around 20:00, around 20:00, the victim F (36) borrowed money from the road located in Seo-gu, Busan, but did not pay the money, and the victim was found to have claimed to resist the victim with the defendant A, who is the birth, but the victim still did not have the attitude. On the ground that the victim was able to resist with the victim, the defendant A was able to check the victim's seat, and the victim was able to have the parts of the victim's clothes over the floor back, and the defendant B was able to remove the parts of the victim's clothes in a number of times, and the victim was able to see the part of the victim's clothes, which is a dangerous article when the victim was inside the victim's inner part.

As such, the Defendants conspired with others to carry dangerous goods and carried them for 42 days of treatment, such as cage cages, etc.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes of each investigation report;

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 258-2(1), 257(1), and 30 of the Criminal Act;

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Defendants obliged to provide community service or attend lectures: The grounds for sentencing under Article 62-2 of the Criminal Act include the method and content of the instant crime, the risk of committing the instant crime, the nature of the crime is not good, the degree of injury to the victim is serious, and the Defendants were unable to agree with the victim.

However, the defendants are against their mistakes, and this case occurred in the course of demanding the payment of the money that the defendant Eul borrowed to the victim and there are circumstances to consider the situation is favorable.

In addition, the above circumstances and the age, sex, environment, motive and circumstance of the crime, and the means and consequence of the crime.

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