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(영문) 창원지방법원 거창지원 2016.07.13 2016고단169
특수상해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 5, 2015, the Defendant was in assaulting the victim D (V, 34 years of age) and E and F, who was walking prior to the main point of "C" located in G, Jinnam Development Group on the front of the main point of "C", "W, 00:40, and at around 00:40, the Defendant was in assaulting the victim, E, F, and E, and the horn was soundingd, and the Defendant was in assaulting E, while being in sighted with the victim, E, E, and F, took the knick, which is a dangerous object stored in the vehicle (the total length of 39cm, 24 mm in length on the day, and 24 m in length on the day), thereby damaging the victim D's knick part at the time of fighting, which was in need of approximately three weeks medical treatment.

2. The Defendant continued to inflict an injury on the victim E (S) for the number of days of treatment in which the victim E (S) faces a hole on the right side of the victim E (S) by drinking knife two times after getting off the vehicle at the time and place specified in the above paragraph 1, and caused the victim F (S) to inflict an injury on the victim F (S) on the part of a remote area where the victim F (S) is 45 years of flife at two times, and the victim F is in need of a medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against F or D;

1. Investigative report (influoric photo of an injury), investigation report (influoric photo of a suspect F and an injury diagnosis report), and medical certificate (D);

1. Application of Acts and subordinate statutes to seizure records and investigation reports;

1. Article 258-2 (1), Article 257 (1) of the Criminal Act (the point of inflicting an injury on carrying a dangerous object) against the crime, Article 257 (1) of the Criminal Act (the point of inflicting an injury, and the choice of imprisonment with prison labor) against the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Amount of Loss (including the fact that the victims did not have any weight in the victim's injury, and the defendant also suffered an injury due to violence from some victims);

1. Article 62(1) of the Criminal Act (wholly considered in light of the above circumstances) 1.

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