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(영문) 의정부지방법원 2020.09.17 2020고단2284

특수상해

Text

Defendants shall be punished by imprisonment for eight months.

However, for two years from the date this judgment became final and conclusive, the above punishment shall be executed.

Reasons

Punishment of the crime

1. Defendant A around April 10, 2020, around 23:53, at D'D located in Namyang-si, the victim B (the South and the 56 years old), who was in danger of dispute with the perpetrator B (the son and the 56 years old), placed his hair and face on the victim’s head and face, and the victim’s head and face cannot be identified.

2. Defendant B, at the above time and place, set up against the assault of the said victim A (manam and 46 years old), the victim’s face was taken by drinking the victim’s chest, resulting in the victim’s loss of awareness by taking the victim’s chest, etc.

Summary of Evidence

1. Application of each of the Defendants’ respective legal statements, field images, and CCTV statutes

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;

B. Defendant B: Article 257(1) of the Criminal Act; the choice of imprisonment

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: The Defendants’ reasons for sentencing under Article 62-2 of the Criminal Act are not those that are less complicated in light of the degree of injury inflicted by the Defendants to each other and their parts.

However, in light of the fact that the defendants recognized the crime of this case and are contrary to the punishment of the other party, the defendants do not want punishment against the other party by mutual consent, and other various sentencing conditions, including the defendant's age, character and conduct, family relation, health status, and the circumstances of the crime, etc., the punishment as ordered shall