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(영문) 대구지방법원 포항지원 2018.09.12 2018고단786
특수상해
Text

Defendant

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 13, 2018, Defendant A around 13:15, at the port site of North-gu C apartment 101 at the north-gu, North-gu, North-gu, the Defendant: (a) had a dispute over the victim B, who was waiting for an elevator, and the order of boarding an elevator while waiting for an elevator; (b) had the victim’s head and side head and side head of the victim several times by hand; and (c) had the head and face of the victim’s head and side by hand due to steel, which is a dangerous object.

As a result, the Defendant carried dangerous things and inflicted injury on the victim such as salt, tension, etc. in need of treatment for about 14 days.

2. Defendant B, at the time and place described in the above paragraph 1, was in conflict with the victim A, and the victim’s face was taken back by drinking, and the victim’s head was taken at one time due to iron, which is a dangerous object.

As a result, the defendant carried dangerous objects and inflicted an injury upon the victim, such as an open wound, where the period of treatment can not be known.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

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

1. On-the-six copies of the internal investigation report on the site photograph; and

1. Domestic death report (for receipt of a certificate of injury by B), - Medical certificate of injury (B);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (A) (35 pages of the record);

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 mitigation of a small amount (see, e.g., Articles 53 and 55(1)3 of the same Act)

1. Article 62 (1) of the Criminal Act for the suspension of execution;

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