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(영문) 수원지방법원안산지원 2020.11.05 2020고단506
특수상해
Text

[Defendant A] The defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2019. 10. 27. 23:10경 안산시 단원구 C 앞 노상에서, 처음 보는 사이인 피해자 B(19세)로부터 “뭘 쳐다 봐, 씨발”이라는 말을 듣자 화가 나 그곳에 놓여 있던 위험한 물건인 소화기 1대를 집어 들고 피해자의 얼굴을 2회 내려치고 이어서 넘어진 피해자의 얼굴과 몸을 발로 수회 때려 피해자에게 약 57일간의 치료가 필요한 우측 안와 바닥 골절 등 상해를 가하였다.

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

2. On October 27, 2019, Defendant B suffered injury, such as cutting down the flads of fingers for about 28 days in need of medical treatment, on the ground that the victim A (the 42-year-old) first seeed her female-friendly her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Application of Acts and subordinate statutes to field photographs, CCTV image closure photographs, fire extinguishers photographs used by suspect A for committing a crime (a death diagnosis report by the suspected suspect A), internal investigation reports (a death diagnosis report by the suspected suspect B), and internal investigation reports;

1. Relevant Article 258-2 (1) and Article 257 (1) A of the Criminal Act: Defendant B: Article 257 (1) of the Criminal Act;

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Defendant A of the community service order under Article 62 (1) of the Criminal Act: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

A. At the time of committing the crime of Defendant A, the method of committing the crime was very dangerous, such as getting the victim to a fire extinguisher, and the victim’s injury.

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