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(영문) 창원지방법원 마산지원 2018.05.15 2018고단252
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Special injury Defendant: (a) around February 27, 2018, while drinking alcohol in a singing room No. 4 operated by the victim C in Changwon-si, Changwon-si; (b) on the ground that the Defendant did not answer despite having been doing so, the two mains, which are dangerous articles in the table, are placed on the table table, as hand, and the victim C (57 years old) and D (70 years old) entered the above singing room No. 1, and the victims “Iskn't enter and depart from the Defendant.”

".............. the two-way disease met the victim C's left side part of the victim C's head one time, and the victim D's right side part of the victim D's head continued next to him/her one, and the victim suffered approximately two weeks of light and tensions, respectively.

2. 감금 피고인은 2018. 2. 27. 23:26 경 위 노래방 1번 방에서, 출입문을 잠그고 위 피해자들에게 “ 개년들아! 꼼짝 하지 마라, 너 거 오늘 제삿날이다, 다 죽인다.

The term “the victims” and “the victims were detained for about 40 minutes until February 28, 2018, by preventing them from going out of the room.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Each written diagnosis of injury to C or D;

1. Application of the Acts and subordinate statutes to a investigative report (limited to the attachment of photographs and visual images by cutting off the CCTV video images), and to a photograph by cutting off CCTV images;

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act and Article 276 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment prescribed for the crime of confinement against D with heavier punishment between each crime of confinement and the crime of confinement);

1. Selection of imprisonment with prison labor on the crime of selective confinement of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment specified for a special injury against D, the most severe punishment) ;

1. Article 62 of the Criminal Act:

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