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(영문) 부산지방법원 서부지원 2019.02.19 2018고단2521
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

B and the victim C (the age of 18) were in conflict with D Messen, and they were in conflict with each other.

Around 01:00 on August 11, 2018, in Seo-gu, Busan, Seo-gu, U.S. E building F, Hab the victim's disease, which is a dangerous object, and the defendant faced the victim's head two times with the camping net in the room, and the defendant continuously took back the victim's face, which is expected to be the wall, and the victim's face, and the defendant took the part as a shower, which is a dangerous object following the victim entering the toilet in order to avoid, and the defendant took part of the victim's official play, and the part of the victim's trees and parts such as cleaning the victim's Belgium, which requires medical treatment for about 21 days.

In this respect, the defendant and B conspired with others to inflict bodily injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Each police statement of C, G, and H;

1. Each report on investigation;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on the part of the damaged wife;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. The range of special injury and injury resulting from repeated crimes according to the sentencing criteria: Type 1 (Special Bodily Harm) (4-1 year) (special mitigation persons) and the area of mitigation (4-1 year): Six months to one year (the lower limit of the sentencing criteria is lower than the lower limit of the applicable sentencing standards set by law, and therefore the lower limit of the applicable sentencing standards shall prevail);

2. The crime of this case, which was determined to be sentenced, is committed by the Defendant along with B when the head of the victim, who is a father that may suffer serious injury, may wear a brue due to the camping net, etc., which is a dangerous object with B.

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