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(영문) 의정부지방법원 2018.01.29 2017고단5822

특수상해등

Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 17, 2017, the Defendants: (a) around 21:47 on the road in F-si, Sincheon-si, Sincheon-si, the victim G (27 Does) and his behavior were to be carried to the front of the F-si, and (b) Defendant A was to take the victim from drinking, and (c) Defendant B was to take the victim’s face and body at the time of drinking and drinking. Defendant B was to take the victim’s face and body from drinking and drinking, Defendant A was to take the victim’s clothes, and was to take the victim’s body back, which is a dangerous object that he was able to take the victim’s body, and Defendant B was to take the victim’s face and body continuously with drinking and drinking.

As a result, the Defendants committed an injury to the victim by jointly and in collusion and carrying dangerous things for about 28 days in need of medical treatment. In addition, the Defendants committed an injury to the body of embes, embes, embes, and embes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement concerning G in the police statement protocol;

1. Each description of damaged parts' photographs, injury diagnosis certificates, drilling (additional diagnosis certificates), CCTV video CDs, and the application of statutes on images;

1. The Defendants of the relevant legal provision regarding criminal facts: (1) Articles 258-2(1) and 257(1) of the Criminal Act, Article 30 of the Criminal Act (a crime involving carrying dangerous articles), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (a crime involving co-injury)

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act (the punishment specified for a crime of violation of the Punishment of Violences, etc. Act with heavier punishment shall be imposed, but the lowest sentence shall be set at the lowest limit of the punishment specified for a special bodily injury, and suspension of qualification or a fine shall not be selected for a special bodily injury since there is no suspension of qualification or a fine for such special bodily injury);

1. Defendants to be mitigated of small amount: Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);

1. Defendants of the suspended sentence: Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds), which is favorable to the Defendants, 1.