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(영문) 인천지방법원 2016.08.18 2016고단4012

특수상해등

Text

Defendants shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Special injury Defendant A is Defendant B’s dynamic line, and Defendant B and the victim C (31) are friendlys.

From March 20, 2016 to 05:00 on March 20, 2016, the Defendants and the victims drink together at the alcohol house near the Namdong-gu Incheon Metropolitan City.

피고인들은 2016. 3. 20. 10:10 경 인천 남동구 D에 있는 'E' 호프 앞 노상에서 그 전에 술자리에 있었던 일로 피해자와 서로 시비가 되어 말다툼을 하다가, 피고인 A는 그곳 길에 떨어져 있던 위험한 물건인 시멘트 벽돌을 집어 들고 피해자의 머리를 1회 내리치고 팔로 피해자의 목을 감고, 피고인 B는 이에 합세하여 주먹으로 피해자의 얼굴을 수회 때리고 발로 피해자의 배를 1회 걷어차고 쓰러져 있는 피해자의 머리를 발로 수회 걷어찼다.

As a result, the Defendants conspired to use dangerous objects to give approximately two weeks of treatment to the victim, and put up an open room around the snow.

2. The Defendants in violation of the Punishment of Violences, etc. Act (joint assault) reported that the victim F (26 years of age) who passed the said place at the same time and place as the statement in paragraph 1 is seriously facing C, and reported the defect to the police, Defendant A sent the victim's face one time with the hand floor, and Defendant B took seven times in combination with it.

Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A statement prepared by the F;

1. Blue stuff photographs, photographs of crime tools, and photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. The former part of Article 37 and Article 38, Paragraph 1, Item 2 of the Criminal Code for the aggravation of concurrent crimes.