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(영문) 서울북부지방법원 2019.11.28 2019고단3461

특수상해등

Text

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

2. Defendant B shall be punished by imprisonment for four months.

except that this shall not apply.

Reasons

Punishment of the crime

1. Around 05:40 on March 19, 2019, Defendant B, while drinking alcohol together with Defendant A at the “D” entertainment tavern located in Dongdaemun-gu Seoul Metropolitan Government, had a dispute arising from calculating the drinking value with the victim E (29 years of age) who is an employee of the said main shop, and assaulted the victim’s head one time under the pretext of giving lessons in the process.

2. Defendant A

A. The Defendant suffered special injury, at the time and place indicated in the above 1. Paragraph (1) above, while engaging in a dispute with the said victim, was injured by an empty beer disease, ice ice ice, etc., which is a dangerous object and did not take part in the victim’s head for about three weeks, and caused injury to a beer, such as where there was no two internal measures for treatment for the victim.

B. The Defendant destroyed the damage of property by throwing away and destroying the 30,000 won of the 300,000 won of the 30 drinking ice fice fice fice fice fice fice fice fice fice fice fice fice fices, and the fluor fluor fluor fluor fluor fluor fices of the fluor fluor b

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of E and F;

1. Each written statement of G and H prepared;

1. Investigation report (related to the amount of damage caused by property damage);

1. The scene of crime and photographs of victims;

1. Application of Acts and subordinate statutes to medical treatment receipts and diagnostic certificates;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury), Article 366 of the Criminal Act (the point of causing damage to property), and each choice of imprisonment penalty

B. Defendant B: Article 260(1) of the Criminal Act and the choice of imprisonment

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B: The Defendants’ age, occupation, character and conduct, family relationship, motive and background of the crime, and circumstances before and after the crime are revealed in the trial process on the grounds of sentencing under Article 62(1) of the Criminal Act.