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(영문) 제주지방법원 2020.10.21 2020고단1583

특수상해

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

Defendant

At around 04:00 on June 19, 2020, A and Defendant B were to start with D’s singing shop corridor in Jeju, as a matter of the use of toilets in the immediately preceding main shop, the victim E of Indonesia nationality (ma, 22 years old), victim F (ma, 24 years old), etc.

Accordingly, Defendant B sent the face of the victim E to drink, followed the victim F by scaming the victim F, and turned the neck, and Defendant A cited beer disease, which is a dangerous object, and Defendant A took the head of the victim E in several times and took the head of the victim E.

As a result, the Defendants conspired to commit an injury to the victims, such as the number of days of treatment and the open address for the head of each other, when they carried a dangerous beer disease, which is a dangerous thing.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to G, F, and H;

1. A draft medical records book of an emergency department;

1. Application of the Acts and subordinate statutes to photograph on-site CCTV images;

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

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;

1. Discretionary mitigation Defendant B: (a) committed a crime against many victims on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the method of committing a crime was also dangerous; (c) the Defendants did not agree; and (d) the Defendants’ attitude of Defendant B’s act compared to Defendant A is relatively minor; (b) the Defendants’ age, character and conduct, family relationship, environment, circumstances and result of the crime; and (c) the circumstances shown in the instant pleadings, including the circumstances after the crime, shall be determined as ordered by the disposition, comprehensively taking into account the following factors