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(영문) 창원지방법원 통영지원 2016.02.18 2015고단1120

특수폭행

Text

Defendant

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

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. On August 4, 2015, Defendant A- Special Violence: (a) around 05:55, the victim E (31) was obstructed in the operation of a vehicle on the road front of the DD building at a macro-si Building; (b) the victim took a bath; and (c) the victim took a dangerous object, i.e., a dangerous object at the face of the victim, flavating him/her, and assaulted the victim by carrying with him/her a dangerous object, such as marking the victim’s face.

2. Defendant B

A. In the same time and place as in the preceding paragraph, the Defendant was at the time, at the same time and place as in the preceding paragraph, when the face of the Victim F (38 Does) and Siviet are taken several times, and when the Victim’s head and side gulion were emitted, and when the Victim’s body was enormous with the material of Aluminium, which is a continuously dangerous object.

As a result, the defendant carried dangerous things and inflicted injury on the victim, such as inside the days of treatment and alley.

B. At the time and place of the preceding paragraph, the Defendant damaged the victim F G carren vehicles by throwing bricks, which are dangerous goods in front of the victim F, so that the market is still under repair costs.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of each police suspect against H and I;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes to a criminal investigation report (in-depth photographs, CCTV-cape photographs, screen pictures CDs);

1. Defendant A of the pertinent legal provision pertaining to the facts constituting an offense: Articles 261 and 260 of the Criminal Act (the point of special assault, the choice of imprisonment): Defendant B: Articles 258-2 (1), 257 (1) (a) of the Criminal Act, Articles 369 (1) and 366 (a) of the Criminal Act, and Articles 366 (a) and 366 (a) of the Criminal Act; the choice of imprisonment with labor);

1. Aggravation of concurrent crimes (defendant B), the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with the punishment specified for a heavier special injury);

1. Article 62(1) of the Criminal Act

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend lectures are as follows: the Defendants’ age, sex, environment, motive for committing the crime, and after committing the crime.