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(영문) 수원지방법원 평택지원 2020.02.06 2019고단1324
특수상해
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

1. On January 31, 2019, at the construction site of a new company located in Pyeongtaek-si C, Defendant A: (a) listened to the victim’s desire from the victim B (n, age 46) who is a shop rent, and made a cart the victim’s shoulder one time with a fire, and (b) around 07:30 of the same day, Defendant A, at around 07:30 of the same day, suffered the victim’s shoulder with a signal slip, a dangerous article that was used by the victim’s hand, which was a dangerous article that had been used for the victim’s hand, with a 20cm in length, weight, 700g in weight, and suffered injury, such as an an an an infant’s crypt, which requires treatment for about 28 days, at the price of the victim.

2. On January 31, 2019, at around 07:10, Defendant B, at the place specified in paragraph (1), (a) of this Article, calculated the victim’s face on one occasion with a signal guide box (breadth 4cm, length 19cm) which is a dangerous object used by the victim A (n, age 46) to take a shoulder from the victim A (n, the age of 46) and corresponding thereto; (b) around 07:30 on the same day, the Defendant calculated the victim’s left head at one time with the above signal guide box, and inflicted injury on the victim, such as the inner left part, where the victim needs to take a medical treatment for about 14 days.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Each police interrogation protocol against the Defendants

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

1. The Defendants of relevant criminal facts: Article 258-2 (1) of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 201; Supreme Court Decision 2009Da1548, Apr. 2, 201);

1. Defendants subject to suspended execution: Article 62 (1) of the Criminal Act ( repeatedly considering the grounds for discretionary mitigation);

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