(영문) 전주지방법원 정읍지원 2018.05.10 2017고단493

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자간(%)

(영문) 전주지방법원 정읍지원 2018.05.10 2017고단493

특수상해

Text

Defendant

Punishment A and Defendant B shall be six months of imprisonment, and a fine of three million won for Defendant C, respectively.

Reasons

Punishment of the crime

1. Defendant A and Defendants B collected a trial expense from around 05:30 on June 19, 2017, to the issue of the victim C (74 tax) and the boundary measurement, etc. on the street in front of the dwelling area of the Defendants in order to take place. Defendant A and the Defendants collected a pVC pipe (a length: about 1m, about 20m, about 1m, and about 2cm) which is a dangerous object cited by Defendant A, and collected the victim’s body at a time, and collected the PVC pipe (a length: about 1.5m, about 3mcm: : 3mcm), which is a dangerous object located in the said place. Defendant B could have the victim’s body and math with the iron stick, which is a dangerous object.

As a result, the Defendants carried dangerous objects and inflicted injury on the victims, such as cerebral ley in need of treatment for about two weeks.

2. The Defendant C, at the time and place specified in paragraph 1, has taken time to cover issues such as the victim A (n, 76 years of age), the victim B (n, 42 years of age), and the boundary survey with the victim B (n, 42 years of age), followed the body of the victim A by reducing the PVC pipe (m: about 1.5m; about 3cm: cm: : 3cm), which is a dangerous object cited by the victim A, and followed the body of the victim A by cutting off the metal stick (m: 1m, 2cm: m) which is a dangerous object cited by the victim B.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

[Defendant A]

1. Part of the Defendants’ legal statements

1. The legal statement of the witness C;

1. In full view of the circumstances such as the part of the injured party’s injury and the shape, credibility is recognized in the victim’s statement, including the part that the part was teared.

In addition, the Defendants’ assertion that the Defendants’ act of defense or legitimate act is not acceptable in light of the circumstances such as the statements of the relevant parties on the background of the occurrence of the instant case, the place and presumed circumstances at the time of the occurrence of the instant case, and the content of the instant crime (the victim without permission).

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