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(영문) 서울중앙지방법원 2016.12.08 2016고단7733

특수상해

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. Defendant A, around 19:30 on September 19, 2016, had been holding a meeting of “G” with the victim B (the age of 71) in “Fju shop” located in the second floor, Jung-gu, Seoul, Seoul, with the victim B (the age of 71). However, the victim had talked about the meeting to have a dispute.

In addition, when the Defendant heard the victim’s words “hump”, the Defendant: (a) spreaded the beer of the beer, which was on the table, on the victim’s face; (b) laid the beer, which was on a dangerous object, toward the victim’s losses; and (c) inflicted injury on the victim, including approximately 4 weeks of treatment, including the right 2 balance, the part of the beer dyp, which requires four weeks of treatment.

2. When the Defendant came to be in line with beer residues from the victim A (the age of 72) at the above time, at the above time, and at the above place, the Defendant collected beer residues, which is a dangerous object on the table, and went to the victim’s face, and went to two weeks of treatment for the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. A H statement;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. The Defendants subject to suspended execution: The Defendants were able to repent of the offenses under Article 62(1) of the Criminal Act, and reflects the offenses, and Defendant B agreed to do so, Defendant A first agreed to do so, resulting in the instant crime; Defendant B did not have any criminal records to be considered; and the Defendants’ age, character and behavior, environment, family relationship, motive and consequence of the offense, circumstances after the offense, etc., and other circumstances constituting the conditions of sentencing as shown in the instant pleadings are considered.