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(영문) 서울북부지방법원 2020.04.09 2019고단3639

특수상해

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

However, this decision is delivered to the Defendants.

Reasons

Criminal facts

On August 12, 2019, the Defendants conspiredd the Victim C (the 13-year-old age) to inflict injury by spreading the back-up press of self-defense.

On August 15, 2019, at around 19:50 on the D apartment E-dong rooftop of Dobong-gu Seoul Metropolitan Government, Defendants B, and Defendant B, by making a false statement to the victim, “I am going to move to the rooftop. I am to the victim. I am to the victim.” Defendant A waiting on the above rooftop. Defendant A am to the victim. Defendant A am to the victim. Defendant A am to the victim, a dangerous article that the victim was going to the rooftop, and am to the face of the victim four times, followed up approximately one week of head and item necessary for the victim’s treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (to hear victim's telephone statements);

1. Making a report on internal investigation (Attachment of a photograph of damage inflicted on a victim);

1. A report on internal investigation (attaching photographs of the scene of crime);

1. A report on fire-proof (the security of CCTV in apartments in a criminal place);

1. Report on internal investigation (Submission of the Damage Statement and the Suspect B’s Stockholm content), - Written statement, - Carxa with the Victim and the Suspect B;

1. Report on internal investigation (verification of CCTVs in moving figures of suspects);

1. The report on internal investigation (the collection of the criminal flight frame and the request for appraisal);

1. Report on internal investigation (verification of purchase by the presses);

1. On-site identification reports;

1. Records of seizure and the list of seizure;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to response to requests for appraisal;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 258-2 (1), 257 (1), and 30 of the Criminal Act

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 on probation: Article 62-2 of the Criminal Act;

1. Defendant A: The Defendants planned a crime to be committed in advance, enticed the victim on the apartment rooftop, and attempted to capture the victim to assault the victim. In order to assault the victim, the Defendants attempted to commit the crime, and attempted to set a credit frame on the face of the victim.

Defendant

B It is himself against the defendant A who is friendly to the impulse that he want to be able to do so.