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(영문) 부산지방법원 2017.02.16 2016고단5745
특수상해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the coper of “E”, and Defendant B is the customer who visited the above E main points.

1. On August 15, 2016, Defendant A: (a) around 02:00, on the ground that, while drinking with the victim B (42 tax) and drinking with the victim, the victim was humping his body on the top of the E-ju shop located in Busan-gu, Busan-gu, Busan-gu, on the ground that the victim humping his body, the victim humpings the body; (b) the victim’s hump was cut off on several occasions; and (c) the victim’s hump was assaulted three times at the victim’s cump; and (d) the beer disease of the main station, which is a dangerous object on theme humbb, the victim’s face was blicked for treatment for about 21 days, and the victim failed to perform the treatment for about 21 days, the victim’s hump, the part on the side, the part on the hump, the part on the left side, and the part and the sway and a hole and a hole.

2. Defendant B, on the same date and at the same place as in the preceding paragraph, sealed the victim by hand against the assault of the victim A (at the age of 46), and assaulted the victim on one occasion on the part of the victim's left side, and inflicted bodily injury on the victim, such as lusium, right bank, left hand, knife, and face knife, and pressure and side flife, which require treatment for about 21 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

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

1. Article 258-2(1) and Article 257(1)2 of the Criminal Act: Defendant B: Article 257(1) of the Criminal Act; Articles 257(1) of the Criminal Act; the choice of imprisonment;

1. Defendant A to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendants on probation: The instant crime with the reason for sentencing under Article 62(1) of the Criminal Act is a case where the Defendants, who were well aware of the facts as the ordinary customers and the owners of business, were involved in an accident while drinking together, and the Defendants were not subject to punishment by mutual agreement, and all of the Defendants were punished by a fine, taking into account the fact that force of violence has occurred.

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