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(영문) 대전지방법원 2017.07.11 2016고단3614

특수상해등

Text

[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. At around 01:30 on June 2, 2016, the Defendants committed the joint crime of the Defendants: (a) the victim’s face H (46 years old) was 2-3 times from the victim’s body to the victim’s face; (b) the victim’s h (46 years old), the victim’s h (or the victim’s h (or the victim’s 24 years old); (c) the victim’s h (or the victim’s h (or the victim’s h) h (or the victim’s h (or the victim’s 24 years old); and (d) the victim’s h (or the victim’s h) h (or the victim’s h (or the victim’s 24 years old), the victim’s h (or the victim’s h) h (or the victim’s h) h (or the victim’s h), the victim’s h (or the victim’s h).

Accordingly, the Defendants jointly assaulted victims.

2. After Defendant A’s sole criminal act had been interrupted by assaulting the victim H and the victim’s personal behaviors, such as escapeing at the same time and place as set forth in the preceding paragraph, Defendant A brought a micker, which is a dangerous thing, to the micker’s back to the micker’s building, brought about two times of the left face of the victim H, and put about about seven days of face to the victim.

Summary of Evidence

1. The Defendants’ respective legal statements (in the case of Defendant C, at the fourth date)

1. Legal statement of witness E;

1. Each statement of J, I, and H;

1. An injury diagnosis certificate (H);

1. Application of the CDA-TV Acts and subordinate statutes;

1. Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault, the choice of imprisonment), Articles 258-2(1) and 257(1) (the point of special injury) of the Criminal Act, Defendant B and C: Article 2(2)1 of the Punishment of Violences, etc. Act, and the Criminal Act.