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(영문) 서울중앙지방법원 2016.06.30 2016고단2943

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant and C (1 year and eight months of imprisonment on December 4, 2014), and D (1 year and six months of imprisonment on May 10, 2014, and 4 years of suspended execution) are members of the "new correspondence" organization in Gwangju.

around 06:00 on August 10, 2012, the Defendant and C, and D changed the drinking value to “F” entertainment week 310 in Gangnam-gu Seoul, Seoul, and the victim G (32 years of age) who are employees, but refused to reduce the drinking value, and the Defendant was subject to rejection, and the Defendant took time of the victim G’s face, C also took time of the victim’s face, D also took time of the victim’s face, and D also took back the victim’s head one time as a beer disease, which is a dangerous object in his/her table, and displayed a shoulderer disease, which is a dangerous object in his/her table, the victim H (28 years of age) who is other employees.

After that, the Defendant, D, and C moved from the victims to the victim’s first floor, and the Defendant drinking the victim’s face at one time, and C changed the victim’s eye once due to fingers, and D cut off the victim’s G with a coffee, which is a dangerous object on the part of the victim’s direction.

As a result, in collusion with D and C, the Defendant carried with D and C beer and carried a dangerous coffee with the victim G, the number of days of treatment, etc., and the victim H put the victim H on the left side of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of the police officers in relation to G, D, or C;

1. Application of Acts and subordinate statutes to H of a copy of the police statement made to H;

1. Articles 258-2 (1), 257 (1), and 30 of the Criminal Act concerning the facts constituting an offense;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes are against the defendant's mistake, and the fact that it seems that the defendant later voluntarily surrenders, compared to other accomplices, the degree of assault is not relatively more serious than that of other accomplices, and the injury suffered by the victims are not more severe than that of other accomplices.