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(영문) 서울중앙지방법원 2018.04.11 2017고단7680

특수상해

Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of 50,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. On September 16, 2017, Defendant A around 22:50, on the road in front of Gangnam-gu Seoul, a proxy engineer for the vehicle in Gangnam-gu Seoul, the Defendant: (a) caused the damage of the victim’s head by a stone, which is a dangerous object located on the floor, and caused the victim’s head to undergo a medical treatment for about 20 days; and (b) caused the damage of the victim’s scam and the string.

2. Defendant B, at the time, at the time, and at the place specified in paragraph 1, as described in paragraph 1, committed an injury to the victim, taking the victim’s face on one occasion due to drinking with the victim A, such as “alley of breath” in need of treatment for about 21 days, and suffered an injury to Section B in need of treatment for about 14 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on investigation;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act;

B. Defendant B: Article 257(1) of the Criminal Act (Optional to a punishment)

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

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant B: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that Defendant A used violence first by using stones, which is a dangerous object, and Defendant B is not subject to the liability for each of the crimes in that Defendant B caused serious injury.

However, the fact that the Defendants recognized all of the mistakes and reflects, and that they did not want to be punished among themselves by mutual consent, and that they do not have any history of punishment more than a suspended sentence, the background of the occurrence of the instant case, and the background of the instant case, and the background and consequence of the Defendants’ age, sex, occupation, environment, family relationship, motive and consequence of the crime.