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(영문) 대구지방법원 2017.06.21 2016고단6333

특수상해

Text

Defendant

A Imprisonment of 10 months, each of the defendants B and C shall be punished by a fine of 3,00,000 won.

Defendant

B, Defendant .

Reasons

Punishment of the crime

1. On June 4, 2016, the Defendant: (a) while drinking alcohol at G alcohol house located in Daegu-gu, Daegu-gu, on June 4, 2016, with H, who was drinking together with the daily alcohol house in G alcohol house, and H, who was drinking in other tables of the said beverage house.

In order to report the use of violence by C and Si expenses, the victim B (the remaining, 58 years old) caused a defect of dwarf that "dys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys.

As a result, the defendant carried dangerous things with the victim and put the victim into the opening of the unfash part of the treatment days.

2. 피고인 B, 피고인 C의 공동 범행 피고인 B, 피고인 C은 2016. 6. 4. 15:00 경 대구 남구 F에 있는 G 술집에서 술을 마시던 중 노래를 부르는 문제로 피해자 A( 남, 48세) 과 시비가 되어, 피해자가 소주병을 깨뜨리자 화가 나, 피고인 B은 “ 왜 병을 깨 노 ”라고 하며 피해자의 얼굴을 주먹으로 때리고, 쓰러진 피해자를 발로 밟고, 피고인 C은 이에 가세하여 쓰러진 피해자를 발로 찼다.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of a witness I, J and K;

1. Part of the police interrogation protocol against Defendant C, or the police interrogation protocol against Defendant C

1. Each police statement made against L/H;

1. Application of Acts and subordinate statutes concerning damaged parts, photographs and field photographs;

1. Article 258-2(1) of the Criminal Act and Article 258-2(1) B and Defendant C: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, the selection of fines, etc.

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

1. Defendant B and Defendant C: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 of the Criminal Act.