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(영문) 수원지방법원 2017.10.27 2016고단6566
특수상해
Text

Defendants shall be punished by imprisonment for six months.

However, the defendant B is above two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B A is a person who engages in early work at the construction site of 26-dong 104, 104, 1-2 Ra, and Defendant A is a person who works for daily work at the above site.

1. On July 11, 2016, Defendant B:45, at the above location, the victim A (55 taxes) took rest from the sti pumps, a construction material; and Defendant B, with the victim’s stike, took one time a part of the victim’s entrance alcohol to drinking, and collected cement brick (19cm in width, 9cm in length, 9cm in height, 5.5cm in height, 5cm in height), which is a dangerous object in the surrounding area, caused injury to the victim, by taking one time the part part of the victim’s head, and by taking one time the part of the stike, the victim did not have two balls in which approximately two weeks of treatment is open.

2. Defendant A collected cement bricks (19cm in width, 9cm in length, 5.5cm in height) which are dangerous things in and around the above time and place, Defendant A brought about about approximately two weeks to the right side of the victim, with the end of the cement bricks (19cm in width, 9cm in height, 5.5cm in height) one time and one time every two weeks back to the water back.

Summary of Evidence

1. The defendant B's partial statement

1. Legal statement of witness E;

1. Part of the protocol concerning the interrogation of the suspect against the defendant B;

1. A protocol concerning the suspect examination of the police against the defendant A (limited to the defendant A);

1. The victim's assault, partic photo, etc. of the victim, assault A by the suspect, partic photo, etc.;

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

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

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

1. Defendant B of suspended execution: Article 62(1) of the Criminal Act (The degree of injury to the victim is relatively minor due to the cases of both assaults and the fact that the defendant seems to have suffered more serious injury, etc. shall be considered in light of favorable circumstances);

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