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(영문) 대전지방법원 2017.06.30 2017고단226
특수상해
Text

Defendants shall be punished by imprisonment for one year.

However, with respect to Defendant A, the same shall apply for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant B

A. On October 25, 2016, the Defendant suffered special injury on the first floor of the F apartment building building in Jung-gu, Daejeon, Daejeon, for the reason that the construction of the Plaintiff (56) did not come to the woman’s mar, and brought about the face of the said A one time by his hand, with each dangerous object, and led the victim to a throst and a window open to the left-hand side, which requires approximately four weeks of medical treatment.

B. The Defendant concealed the CR-V G car owned by A for the purpose of receiving money from the victim A at the same time and place as that set forth in the preceding paragraph.

2. Defendant A, at the same time and place as described in paragraph (1) of Article 1, was assaulted from the victim B (59 years old) at the same time and place as described in the above paragraph, and each item, which is a dangerous object, was placed in the victim’s head, and the victim’s head head was put in an open room for other head parts where the number of days of treatment cannot be identified.

Summary of Evidence

1. The defendant B's partial statement

1. Partial testimony of the witness A (limited to the defendant B);

1. Partial testimony of the witness B (limited to the defendant A);

1. Legal testimony of a witness H in part;

1. Each image of each damaged photograph;

1. Each description in the medical certificate of injury (Defendant A asserts that it is legitimate defense, but it is not acceptable to accept the above assertion as it was committed by both parties).

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act;

B. Defendant B: Articles 258-2(1), 257(1) (a) of the Criminal Act, and Article 366 of the Criminal Act (the concealment of property and the choice of imprisonment)

1. Aggravated concurrent crimes by Defendant B: The aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the maximum term of two crimes)

1. Defendant A: Article 62(1) of the Criminal Act 1.

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