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(영문) 창원지방법원 밀양지원 2019.09.19 2019고단238
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Around 02:44 on February 24, 2019, the Defendant: (a) committed assault, such as cutting off DNA head debt at C cafeteria located in Syang-si B; (b) caused DNA and Si expenses; and (c) caused the victim E (17 years of age); (d) the victim F (17 years of age); and (e) the victim G (18 years of age) was pushed with the Defendant while fighting, on the ground that an empty bottle, which is a dangerous object in fighting, was pushed down, one time the head part of the victim E; (d) the head part of the victim E, which is a dangerous object in tight; and (e) the head part of the victim F, which is a dangerous object in tight; (e) the victim’s face can be taken back by drinking at G head; and (e) the victim’s f, the victim’s f.g., the victim’s f., the victim’s f., the victim’s f., f., the victim’s face.

As a result, the Defendant inflicted injury on the victim G, such as the snow pool, open body around the snow, etc. requiring treatment for about one week, and carried dangerous objects and inflicted injury on the victim E and the victim F, respectively, such as the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of a police officer against D, G, or E;

1. Each police statement of the E, G, D, and F;

1. Investigation report (the video images of CCTV in a C cafeteria) (the scene of damage and the upper part of the damaged part), and internal investigation report (the video images of CCTV in a C cafeteria);

1. Application of Acts and subordinate statutes in written opinions;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury);

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

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 community service order;

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

2. The sentencing criteria shall be based on; and

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