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(영문) 서울남부지방법원 2016.07.05 2016고단1765

특수상해

Text

Defendant

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

except that this shall not apply.

Reasons

Punishment of the crime

On April 2, 2016, at around 04:10, the Defendants conspired with the “F hotel” parking lot located in Gangseo-gu Seoul Metropolitan Government on April 2, 2016, on the ground that: (a) the victim G (17 years of age) and the victim suffered a dispute and the victim was pushed down with the chest part of Defendant A; (b) Defendant B was tightly pushed down with the victim’s chest part; (c) Defendant B took one time the victim’s face with the breath and drinking fat; and (d) Defendant A took one time the victim’s hair face with the victim’s head fat; and (d) Defendant A and Defendant B took part in several fats with the face part of the victim’s fat and body of the victim who was over the fatch.

After that, Defendant C: (a) sealed the victim’s head on several occasions with a cell phone; (b) followed the victim’s body by taking the victim’s body again; and (c) taken once the victim’s head on the floor surface, which is a dangerous object (40 cm wide, 30 cm high, and 5 m thick), and then, the victim’s head was placed on one-time basis; (d) the victim’s head was in a fluort with no two main points open for four weeks; and (e) the head was fluor with no main address open in the head.

As a result, Defendants conspired to inflict bodily injury on the victim by carrying a dangerous floor of construction work, which is an object.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made against H, G, I, J, K, L, M, and N;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to attachment of photographs to the victim's injury), a criminal investigation report (related to attachment of a diagnosis submitted by the victim), and a criminal investigation report (the investigation of floors used by the suspect C);

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

1. Defendant A who is to be mitigated in amount: Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);

1. The Defendants are subject to suspended sentence: (a) the crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is committed by the Defendants in collusion with the Defendants to commit the crime in a group; and (b) the damage was inflicted on the floor surface, which is a dangerous thing of Defendant C in the process.